Council archive · source document
Decision Notice - Change to an Existing Approval - 010.2006.00000159.002 [As Published] · 142006.159.02
Officer: Jack Lewis
Direct Telephone: (07) 5449 5294
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 2006/159
Your Reference:
24 December 2008
N C Oliver Properties Pty Ltd
CARE Middap & Ditchfield Pty Ltd
Cnr Mary & Thomas Streets
NOOSAVILLE QLD 4566
Dear Sir
Change to an Existing Approval
Integrated Planning Act 1997
I refer to your request to make a change to an existing approval. On 23 December 2008 Council
decided your requested changes.
Details of the decision with the consolidated conditions are as follows:
1 APPLICATION DETAILS
Application No: 2006/159
Street address: 126 - 132 Gympie Terrace, Noosaville
Real property description: Lots 1, 2, 3 & 9 MCH 3881
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
Council on 28 June 2007 decided to issue the following type of approval:-
Development Permit for Operational Works - Landscaping, Frontage Works, Access,
Carparking, Stormwater Disposal, Sediment & Erosion Controls & Filling of the Site
In relation to your request to extend the relevant period for the above development approval, Council
on 23 December 2008 decided to:
A. Extend the relevant period until 28 June 2011
B. Approve a change to Condition 12
C. Issue a Change to an Existing Approval
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
4 ASSESSMENT MANAGER CONDITIONS
Page 1 of 10
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalFull text of the other 9 pages
Page 2
2006/159
Land Use
1. The site is to be landscaped in accordance with Council’s Policy on Landscaping Guidelines
and the approved plan of Development. The approved plans and documentation are
Landscape Plan PP01, Sheet 1 of 2 Issue E and Landscape General Notes & Details LD01,
Sheet 2 of 2 Issue E dated 30 June 2006 prepared by Anembo Consultants.
2. The operational works decision notice must be read in conjunction with the amendments
detailed on the approved landscape plan
3. All manholes, inspection pits and grates are to be raised to finish surface level and kept free of
cover and be visible at all times to ensure prompt access in case of emergency.
4. The landscape construction is to be implemented in accordance with horticultural industry best
practices.
5. All native plant species located in group plantings shall not be subjected to any hedging
maintenance regimes.
6. All trees 45 litre and greater must be securely tied and staked to assist their growth during the
establishment period.
7. The density of planting must achieve the set out requirements as detailed on the approved
landscape plan.
8. Prior to commencement of any clearing or demolition works on site, all trees detailed for
retention shall be preserved and protected as per Tree Protection Typical Detail 02-LD01 on
approved Landscape General Notes and Details Plan Drawing No. LD01, Sheet 2 of 2 Issue
E. The tree protection methods shall remain in place until all building construction works on
site have been completed
9. The applicant must ensure that all landscaping treatment does not unduly restrict/prevent
access to service meters within the site.
10. All new tree plantings located in the road reserve and within the car park area must achieve a
clean trunk of 1 metre for clear vehicle and pedestrian sight lines and safety.
11. All trees must be located:-
11.1 a minimum of 1.0 metres from all services to prevent root/service conflict and to provide
future ease of maintenance requirements;
11.2 a minimum of 2.0 metres from stormwater catchpits; and
11.3 a minimum of 4.0 metres from all overhead street lighting.
12. The development Permit lapses if the use has not happened by 28 June 2011, unless an
application to extend the relevant period is approved by Council.
Land Development
13. The development shall be carried out in accordance with Engineering/Consultant drawings
Numbers:
0619-04 dated 23 January 2007 by Callaghan & Toth
0619-05 dated 23 January 2007 by Callaghan & Toth
0619-06 dated 23 January 2007 by Callaghan & Toth
0619-07 dated 23 January 2007 by Callaghan & Toth
0619-08 dated 23 January 2007 by Callaghan & Toth
0411-DD01C dated August 2005 by Middap & Ditchfield
M1757-03C dated 9 November 2006by Jones Flint & Pike
Page 2 of 10
Page 3
2006/159
25908-C1C dated 16 March 2006 by Riemac
25908-C12B dated 16 March 2006 by Riemac
1451-0-1A dated 27 April 2006 by Construction Hydraulics
1451-0-2A dated 27 April 2006 by Construction Hydraulics
or as modified herein
14. Roof and surface runoff connection to Council’s drainage system shall be as shown on
drawing No. 1451-0-2A dated 27 April 2006 By Construction Hydraulics.
15. A footpath 2.0 metres wide shall be constructed across the full Gympie Terrace frontage of the
development and footpath 1.5 metres wide shall be constructed across the Mill Street frontage
of the development. The footpaths shall have a slip resistant surface. The alignment, of which,
shall be determined on site with Council’s Construction Technical Officer. The expansion joints
in any bikeway/footpath shall be “sawcut” not trowel jointed.
16. The total required pavement thickness shall be based on the Department of Transport’s
Pavement Design Manual using soaked CBR tests of the subgrade.
The design pavement thickness, together with CBR test results shall be submitted to Council’s
Manager - Land Development for approval prior to placement of pavement material.
17. Suitable sediment control devices ("in pit” pollution control devices) shall be temporarily
installed into the first existing external downstream stormwater structure.
These devices are to be checked and cleaned on a regular basis and specifically after each
rain event.
These devices are to remain in place during the civil works and construction phases of the
development.
The location and type of device to be installed shall be established at the “pre start” meeting
with Council’s Construction Technical Officer and shall be installed prior to the
commencement of any works.
18. Council’s Construction Technical Officer, Tony Doughty (ph 0410 512 505), shall be given
seven (7) days’ notice of intention to commence works to arrange a “pre start” meeting
regarding the civil works.
19. The principal contractor must have all the appropriate insurance and public liability
documentation to carry out the works. The principal contractor is also responsible to ensure
that any sub contractors also have the appropriate insurance and public liability
documentation.
20. Prior to the “pre start” meeting, the principal contractor must be provided with a copy of
Council’s signed approved drawings and conditions by the applicant.
21. The Consulting Engineers for the project shall be currently Registered Professional Engineers
of Queensland (RPEQ). The consulting engineers are responsible for arranging all
inspections, with Council’s Construction Technical Officer or nominated staff. Council’s
Construction Technical Officer shall provide an inspection form for signing off by the Engineer
at appropriate stages of construction, during on-site meetings. Construction Technical Officer
will also sign the form at each stage when conditions required have been satisfied. The works
will be accepted “On Maintenance” after this form, signed by the inspector for each stage is
complete, together with a letter from the Engineer requesting that the works go “On
Maintenance”.
22. Prior to works commencing, Council is to be advised of the Engineer (RPEQ) supervising the
project. (This person will be the contact for the project).
23. Council standards shall apply to these works unless otherwise modified herein.
Page 3 of 10
Page 4
2006/159
24. The person acting on this permit shall ensure that its consultants and contractors take all
reasonable care during the construction of the engineering works to ensure that Council
property, road pavements or facilities (such as underground drainage, water supply,
sewerage, footpaths, kerbing, landscaping, street furniture etc.) are protected against any
damage or interference whatsoever.
If any Council property or facilities should be damaged by the Applicant or any of its
Consultants or Contractors through any cause whatsoever in the course of, directly or
indirectly, carrying out the engineering works, the Applicant and/or its Contractors shall
forthwith notify the Manager-Land Development and shall forthwith rectify the damage to that
property or facility at its cost and to the satisfaction of the Manager-Land Development, prior to
the commencement of the use or, alternatively, the Applicant may request the Council to carry
out the rectification work at the Applicant’s cost, such cost being paid by the Applicant to the
Council prior to the commencement of the use, provided that in the case of emergency the
Council shall be entitled to rectify such damage at the cost of the Applicant, such cost being
paid prior to the commencement of the use.
A management strategy to ensure no damage occurs to Council services shall be given to
Council for assessment prior to the pre start meeting.
25. The development of the site shall be carried out in such a manner as to prevent dust and/or
sand nuisance to residents and/or tenants in the vicinity of the development.
26. Construction work and other associated activities are permitted only during the hours of 7.00
am and 6.00 pm Monday to Saturday. No work is permitted on Sundays or public holidays,
except where extended hours are approved by the Manager-Land Development or his
nominee.
27. All signage, including that for safety during construction shall be in accordance with the
Manual of Uniform Traffic Control Devices and Traffic Infrastructure (Roads) Act.
28. Safe pedestrian access on Gympie Terrace, Mill Street and Chaplin Park shall be maintained
at all times. Should footpath / road closures be necessary to carry out construction works,
Council’s Construction Technical Officer (ph 0410 512 505) must be notified prior to the
proposed closure.
29. Sediment and erosion control measures must be in place prior to works commencing. If such
measures are not in place or are not satisfactory, “on the spot “fines may be issued. Such
fines can be issued if sediments from the site are found to enter or have the potential to enter
Council’s stormwater system or natural waterways. Although the sediment and erosion control
measures have been approved on drawing No. 0619-04, Council’s Manager – Land
Development may request further controls to be installed should approved measures be
inefficient.
30. The owners of the subject property shall maintain the grease/oil arrestor pits/gross pollutant
traps in accordance with the manufacturers specifications.
31. The owners of the subject property shall inspect the grease/oil arrestor pits/gross pollutant
traps on a weekly basis and after each storm event.
The owners of the subject property shall enter into an ongoing maintenance contract with a
Registered Contractor to clean and maintain the grease/oil arrestor pits/gross pollutant traps
on a regular three monthly cycle and on a “On Call” basis in the case of an emergency.
The management and maintenance of the grease/oil arrestor pits/gross pollutant traps shall be
included in the maintenance program for the completed development.
32. Prior to acceptance of civil works to become Council assets "On Maintenance", the lodgement
of satisfactory “As Constructed” records shall be submitted to Council.
Page 4 of 10
Page 5
2006/159
As Constructed drawings and data shall be certified by a qualified experienced Civil Engineer
(RPEQ) 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) and Council’s Planning Scheme Policy 5 – Engineering
Design Standards – Roads, Drainage and Earthworks.
Approval of works shall not be granted until all As Constructed information has been supplied
and accepted by Council.
33. A 5% cost of works to become Council assets or $1,500 bond (whichever is the greater) will
be imposed on construction works during the maintenance period, which is a minimum period
of 12 months duration. Such bond must be lodged by, and shall only be accepted from the
Developer for the works.
34. The works to become Council assets will not be accepted "On Maintenance" until the
landscaping is completed.
35. These works are also to be in compliance with the relevant conditions of Development Permit
No. 2004/4206.
36. Notwithstanding that Council has checked the plans with due care, where it is found during
construction that variations from Council's standards exist, then Council standards shall apply.
Water & Sewerage
All works shall be carried out in accordance with the sewerage plans 0619-01B - Site Plan and
Sediment Control Plan, 0619-02B - Sewer Layout Plan and 0619-03A - Sewer Longitudinal
Plan and as may be amended by the conditions listed below.
37. A copy of the job specification is to be provided to Council’s Inspector within seven (7) days of
the date of this Decision Notice, and prior to commencement of works.
38. The names of any proposed contractors for works are to be submitted in writing, together with
copies of current Public Liability and Workers Compensation Insurances together with
certificates of currency for those policies, for consideration by the Assessment Manager seven
(7) days prior to pre-start meetings and commencement of works.
A separate letter will then be issued approving the contractor (or otherwise) for the works. No
other contractor or subcontractor shall be engaged to carry out the works or any part of the
works without the written approval of the Assessment Manager.
39. Council’s Water & Sewerage Inspector shall be given (7) days notice of intention to commence
works. A pre-start meeting shall be arranged prior to commencement of works by contacting
Council’s Water & Sewerage Inspector, Mr Trevor Mourilyan, Ph. 0417 780 830. Inspector is
only available for pre-start meetings, inspections and testing etc. between the hours of 6:30am
to 4:00pm, Monday to Friday. Inspections will not be available outside these hours unless
prior approval is obtained from the Water & Sewerage Capital Works Manager with any costs
incurred by Council outside the hours nominated above, met by the Contractor/Developer.
These costs will be in addition to normal inspection fees.
40. Notwithstanding that Council has checked the plans with due care, where it is found during
construction that variations exist with Council's standards, Council standards shall apply.
41. It is the responsibility of the applicant to ensure that its consultants and contractors take all
reasonable care during the construction of the engineering works to ensure that Council property
or facilities (such as underground drainage, water supply and sewerage) are protected against
any damage or interference whatsoever.
Page 5 of 10
Page 6
2006/159
If any Council property or facilities should be damaged by the applicant or any of its consultants or
contractors through any cause whatsoever in the course of, directly or indirectly, carrying out the
engineering works, the applicant and/or its contractors shall forthwith notify the Assessment
Manager and shall forthwith rectify the damage to that property or facility at its cost to the
satisfaction of the Assessment Manager prior to the sealing of the survey plan and/or acceptance
of the works on-maintenance. Alternatively, the applicant may request the Council to carry out
the rectification work at the applicant's cost, such cost being paid by the applicant to the Council
prior to the sealing of the survey plan and/or acceptance of the works 'on maintenance' provided
that in the case of emergency, the Council shall be entitled to rectify such damage at the cost of
the applicant such cost being paid prior to the sealing of the survey plan and/or acceptance of the
work 'on maintenance'.
42. The Contractor shall make all necessary arrangements for supply of water required for
construction works. The use of hydrant standpipes on Council mains will NOT be permitted.
Contractors should contact Council’s Water Section on phone 5449 5254 to obtain an
application form for issue of a key to access Council’s water tanker filling stations. Conditions
of access and location of filling stations are detailed on the application form.
43. All sewerage reticulation mains are to be inspected by closed circuit television (CCTV) prior to
acceptance 'on maintenance'.
CCTV inspection will be carried out by Council's CCTV contractor and arranged by Council
following satisfactory completion of construction works. The developer will be responsible for
the full cost of CCTV inspection, including any additional inspection necessary following defect
identification and rectification. This charge is payable prior to commencement of works and
will be determined on the unit rate basis current at the time of approval.
44. All signage, including that for safety during construction shall be in accordance with the
Manual of Uniform Traffic Control Devices and Main Roads Department Roadworks Signing
Guide.
45. As Constructed drawings in both hardcopy and digital format (ADAC) produced in GDA94 Zone
56 coordinate value to the standards and requirements of the Assessment Manager are required
for Council records. Such 'as constructed' drawings will be required prior to works being accepted
"on maintenance", where applicable. Requirements for "as constructed" information are detailed
in the current version of Council's Engineering Design Standards (Water & Sewerage) Manual.
Release of plans of survey and/or acceptance of the works on-maintenance will not be
considered until lodgement of satisfactory 'as constructed' records.
Please note that bonding of outstanding works will not be considered by Council.
46. Your company, is responsible for arranging all inspections and ensuring that all relevant
details required by Council are supplied. The attached Water and Sewerage Inspection
Report form is to be kept by you and presented to Council's Inspector at each stage of the
development requiring a meeting or inspection. The Inspector will sign the form at each stage
when conditions have been satisfied. The works will be accepted 'on maintenance' when this
form, signed by the Inspector for each stage, is returned with a letter requesting that it go 'on
maintenance'.
47. It is Council policy that a maintenance bond be imposed on construction works during the
maintenance period. The maintenance bond shall be 5% of the agreed value of the
development obligations, or $1,500 whichever is the greater amount. This bond must be
lodged by (and shall only be accepted from) the Developer for the works.
48. Construction work and other associated activities are permitted only during the hours of
7:00am and 6:00pm Monday to Saturday. No work is permitted on Sundays or public
holidays, except where extended hours are approved by the Assessment Manager or his
nominee.
Page 6 of 10
Page 7
2006/159
49. Cut-ins to existing live sewer are to be performed by Approved Contractor. Noosa Council
Works Inspector shall be present during any work on live sewer undertaken by contractor. An
additional fee of $140.00 (included below) is required to cover costs associated with these live
sewer works.
50. Fees applicable to the above project are listed below:-
Plan Examination $ 710.00
Inspection Fee $ 710.00
Checking as-constructed data $ 442.50
CCTV fee $ 120.00
Live sewer inspection $ 140.00
BALANCE OWING $ 2,122.50 (PAID 10.10.2006 - RN.232722)
51. Approval of these plans has been taken as a Notice of intention to commence works on the
development.
52. Dewatering - Council will allow discharge of the dewatering process to existing Council sewers
which discharge to Pump Station NV2 in Mill Street providing rate of discharge does not
impose any detrimental effects on the sewerage pump station. Council’s Sewerage Pump
Station Foreman, Martin Pratt, Ph. 5440 9136 shall be contacted to arrange appropriate
monitoring of process.
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Nil
6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the Assessment
Manager conditions.
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. Proposed contractors for works should have current Public Liability and Workers
Compensation Insurances.
2. No other Contractor or Subcontractor should be engaged to carry out the works or any part of
the works.
3. Should any changes or modifications to the approved plans be required as a result of
construction constraints, a Change to an Existing Approval Application under the Integrated
Planning Act must be made. Amended plans clearly indicating the changes must be lodged
with this application along with the appropriate fees.
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).
Page 7 of 10
Page 8
2006/159
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
Nil
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
Integrated Planning Act 1997 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.
DECISION NOTICE HISTORY
Original Decision Notice issued 28 June 2007.
Change to an Existing Approval issued 23
December 2007 with amendment to Condition
12.
Yours faithfully,
Tracy Jones
ACTING MANAGER – LAND USE
Page 8 of 10
Page 9
2006/159
Appeal Rights
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
The following is an extract from the Integrated (6) If an application involves assessment against a
Planning Act (Chapter 4). concurrence agency code, appeal rights for submitters
for the application are not available against the part of
Division 8 - Appeals to court relating to the approval that represents the concurrence agency’s
development applications response for the code.
Appeals by applicants Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application 4.1.29.(1) An advice agency may, within the limits of its
may appeal to the court against any of the following- jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development development approval for a development application if-
application; (a) the development application involves impact
(b) a matter stated in a development approval, including assessment; and
any condition applying to the development, and the (b) the advice agency told the applicant and the
identification of a code under section 3.1.6;1 assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a application as a submission for an appeal.
development permit was applied for; (2) The appeal must be started within 20 business
(d) the length of a relevant period; days after the day the decision notice or negotiated
decision notice is given to the advice agency as a
(e) a deemed refusal. submitter.
(2) An appeal under subsection (1)(a) to (d) must be Appeals for matters arising after approval given
started within 20 business days (the “applicant’s appeal
(co-respondents)
period”) after the day the decision notice or negotiated
decision notice is given to the applicant. 4.1.30.(1) For a development approval given for a
development application, a person to whom any of the
(3) An appeal under subsection (1)(e) may be started
following notices have been given may appeal to the
at any time after the last day a decision on the matter
court against the decision in the notice-
should have been made.
(a) a notice giving a decision on a request for extension
Appeals by submitters
of the relevanrt period for an approval;
4.1.28.(1) A submitter for a development application may
(b) a notice giving a decision on a request to make a
appeal to the court about-
minor change to an approval.
(a) the giving of a development approval, including any
(2) The appeal must be started within 20 business
conditions (or lack of conditions) or other provisions
days after the day the notice of the decision is given to
of the approval; or
the person.
(b) the length of a relevant period for the approval.
(3) Subsection (1)(a) does not apply if the approval
(2) The appeal must be started within 20 business resulted from a development application (superseded
days (the “submitters appeal period”) after the day the planning scheme) that was assessed as if it were an
decision notice or negotiated decision notice is given to application under a superseded planning scheme.
the submitter.
(4) Also, a person who has made a request
(3) If a person withdraws a submission before the mentioned in subsection (1) may appeal to the court
application is decided, the person may not appeal the against a deemed refusal of the request.
decision.
(5) An appeal under subsection (4) may be started at
(4) If an application involves both impact assessment any time after the last day the decision on the matter
and code assessment, appeal rights for submitters are should have been made.
available only for the part of the application involving
impact assessment. Division 9 - Appeals to court about other matters
(5) If an application is processed under section Appeals for matters arising after approval given
6.1.28(2), appeal rights for submitters for the application (no co-respondents)
are available only for the aspects of the development that 4.1.31.(1) A person to whom any of the following notices
would have required public notification under the have been given may appeal to the court against the
repealed Act. decision in the notice-
(a) a notice giving a decision on a request to change or
cancel a condition of a development approval.
1
Section 3.1.6 (Preliminary approval may override local
planning instrument)
Page 9 of 10
Page 10
2006/159
(b) a notice under section 6.1.442 giving a decision to (c) the decision to give a preliminary approval when a
change or cancel a condition of a development development permit was applied for;
approval. (d) the length of a period mentioned in section 3.5.21
(2) The appeal must be started within 20 business relevant period;
days after the day the notice of the decision is (e) a deemed refusal.
given to the person.
(2) An appeal under subsection (1)(a) to (d) must be
(3) Also, a person who has made a request started within 20 business days (the “applicant’s appeal
mentioned in subsection (1)(a) may appeal to the period”) after the day the decision notice or negotiated
court against a deemed refusal of the request. decision notice is given to the applicant.
(4) An appeal under subsection (3) may be started at (3) An appeal under subsection (1)(e) may be started
any time after the last day the decision on the at any time after the last day a decision on the matter
matter should have been made. should have been made.
Appeals against decisions to change approval conditions The Registrar for the Building and Development
under the repealed Act Tribunal may be contacted at the website
4.1.33A.(1) A person who is dissatisfied with a decision http://www.localgovernment.qld.gov.au/
made on an application to change the conditions
attached to an approval given under section 2.19(3)or For Infrastructure Charges Only
section 4.4 of the repealed Act may appeal to the court 4.1.36 Appeals about particular infrastructure
against- charges
(a) the decision; or (1) This section applies to a person who has been
(b) a deemed refusal of the application. given, and is dissatisfied with, an infrastructure charges
notice or a regulated State infrastructure charges notice.
(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of (2) The person may appeal to the court against the
the decision is to be given to the person. notice.
(3) An appeal under subsection (1)(b) may be started (3) The appeal must be started within 20 business days
at any time after the last day a decision on the matter after-
should have been made. (a) if the notice is given because of a development
Appeals against local laws approval or master plan approval-the day the
applicant is given notice of the decision about the
4.1.33B.(1) An applicant who is dissatisfied with a
approval; or
decision of a local government or the conditions applied
under a local law about the use of premises or the (b) otherwise-the day the notice is given to the person.
erection of a building or other structure permitted by the (4) An appeal under this section may only be about-
planning scheme may appeal to the court against the
(a) whether a charge in the notice is so unreasonable
decision or the conditions applied. that no reasonable relevant local government, State
(2) The appeal must be started within 20 business infrastructure provider or coordinating agency could
days after the day notice of the decision is given to the have imposed it; or
applicant.
(b) an error in the calculation of the charge.
For Building Works Only (5) To remove any doubt, it is declared that an appeal
Rights of appeal conferred by Section 4.2.9 of the under this section can not be about the methodology
Integrated Planning Act 1997 as follows: used to establish the charge in the relevant infrastructure
Division 3 – Appeals to tribunals relating to charges schedule or regulated State infrastructure
development applications charges schedule.
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 under section 3.1.6;3
2
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)
Page 10 of 10
Used in these records
Decision Notice - Change to an Existing Approval - 010.2006.00000159.002 [As Published]Related documentApplication case desk ↗
About this file
- File size
- 69 KB (small file)
- File type
No other editions are linked here.