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                                              Officer:          Jack Lewis
                                              Direct Telephone: (07) 5449 5183
                                              Response Address: PO Box 141, Tewantin QLD 4565
                                              Email:            [email protected]
                                              Our Reference:    2008/803
                                              Your Reference:   00965 L01 MK
16 April 2009

Colvin Todd
CARE Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS QLD 4567



Dear Sir

                                      Decision Notice
                                    Integrated Planning Act 1997

I refer to your application and advise that on 14 April 2009 Council decided to approve the
application in full subject to conditions.
Details of the decision are as follows:

1        APPLICATION DETAILS

    Application No:                  2008/803
    Street address:                  13 Grant Street, Noosa Heads
    Real property description:       Lot 13 SP 179879
    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 - Duplex

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. The approved plans are listed in the following table and may
         be amended by these conditions: -
          Plan         /     Rev.   Plan / Document Name                          Date
          Document No.
          08-3725 1 of 6     D      Floor Plans – Burleigh Design                 12 March 2009
          08-3725 2 of 6     D      Plan/Section – Burleigh Design                12 March 2009

                                                                                         Page 1 of 10
Full text of the other 9 sections

Section 2

                                                                                        2008/803



     08-3725 3 of 6      D       Roof Plan – Burleigh Design                 12 March 2009
     08-3725 4 of 6      D       Elevations – Burleigh Design                12 March 2009
     08-3725 5 of 6      D       3D Views – Burleigh Design                  12 March 2009
     08-3725 6 of 6      D       Area Overlay – Burleigh Design              12 March 2009

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.   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:-
     4.1    A minimum of three (3) native trees with a minimum pot size of 45 litres shall be
            established within the frontage of the site.
     4.2    A minimum of two (2) native street trees shall be established on the frontage within the
            road reserve.
     4.3    Native screening vegetation a minimum of 1 metre in width, including at least 2 x 200
            Litre pot size trees (per side) along the northern and southern boundaries shall be
            provided to protect the amenity of neighbouring residents.
     4.4    To ensure biodiversity and ecosystem values of the Biodiversity Overlay and Koala
            Habitat Area, a minimum of 70% of tree species planted shall be koala food trees in
            accordance with Planning Scheme Policy 3 – Landscaping Plans and Guidelines.
            Recommended plantings include the following genus types; Angophora, Corymbia,
            Eucalyptus, Lophostemon and Melaleuca.
5.   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.
6.   Cleared vegetation is to be suitably processed by one of the following methods and removed
     from the site:-
     6.1    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.
     6.2     Disposal for firewood.
     6.3     Disposal for landscaping purposes.
     6.4    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.
     6.5    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.
     6.6     The Applicant is advised that burning off is an unacceptable method of disposal.
7.   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.

                                                                                     Page 2 of 10

Section 3

                                                                                       2008/803



8.    Fencing within the frontage of the site shall be a constructed to a maximum of 900mm in
      height; or no more than 1.2m in high and of open construction. All other fencing shall not
      exceed a maximum height of 1.8m.
9.    The development shall not exceed a maximum building height of 2 storeys and 8 metres
      above natural ground level. In relation to building height, the central dividing wall located at
      the rear of the building shall be reduced in height to meet the requirements for height in
      metres.
10.   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.
11.   Any deck or balcony areas are not to be enclosed with shutters, glass panelling or the like,
      thus remaining as open structures.
12.   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.
13.   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.
14.   The Development Permit for a material change of use of premises lapses if the use has not
      happened by 14 April 2013, unless an application to extend the relevant period is approved by
      Council.
15.   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
16.   A vehicular access driveway to serve the development shall be constructed from the Grant
      Street frontage of the site with a maximum width of 3.5m.
17.   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.
Car Parking
20.   Carparking shall be provided within the site generally as shown on drawing number issue D08-
      3725 dated 12-03-09 by Burleigh Design, except as modified herein.
21.   A minimum of 4 covered carpark spaces shall be provided on site.
                                                                                    Page 3 of 10

Section 4

                                                                                      2008/803



22.   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.
Frontage Works
23.   Footpath improvements such as topsoiling, grassing, and tree planting are required to the
      Grant Street frontage of the site in accordance with Planning Scheme Policy PSP03
      Landscaping Plants & Guidelines. Grass shall be couch, free of weeds.
Roof Water & Stormwater Drainage
24.   Roof runoff from any new dwelling shall be directed to a rainwater storage system or tank that
      is installed to ensure water from the tank is used for external uses (such as watering gardens,
      irrigation, ornamental ponds, water features, topping-up swimming pools, outdoor cleaning,
      etc) and for use in flushing of toilets internal to the dwelling. All rainwater tanks are to be
      designed and installed in accordance with the Queensland Development Code (QDC), Part 25
      – Rainwater Tanks, and shall be part of the plumbing application in conjunction with the
      building approval. The location and capacity of the tanks shall be clearly shown on the plans
      submitted for Operational Works approval and any overflow shall be directed to Grant Street
      or Council’s existing stormwater drainage structure located at the rear of the site.
      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 to Grant Street
      or drainage structure at the rear of the site.
Sewer Mains
25.   The site shall be connected to Council’s existing sewerage reticulation system that traverses
      the site at the rear of the site and be constructed in accordance with Council’s standards and
      requirements at no cost to Council.
      To ensure Council’s sewer main is accessible for maintenance purposes and is protected from
      risk of damage no structures requiring a building permit (eg. buildings, swimming pools,
      retaining walls exceeding 1m in height, raised terraces, etc) shall be constructed within this
      ‘zone of influence’ (taken as the area within a 45-degree angle measured from the invert of the
      sewer main to the finished surface level) or within 1.5m of the centreline of the sewer main,
      whichever is the greater.
26.   Any landscaping or trees planting on or near the existing sewer and drainage easements at
      the rear of the site shall take into consideration the recommendations of PSP 03 – Item 22 in
      relation to Planting in Vicinity of Sewers and Manholes.
Town Water Supply
27.   The site shall be connected to Council’s existing town water supply and be constructed in
      accordance with Council’s standards and requirements at no cost to Council.
28.   Each individual water connection to the water reticulation system shall extend to the property
      boundary and be metered. All fees for the supply of water meters shall be paid to the Council.
29.   All water meters must be located outside the property boundary and in an easily assessable
      location to facilitate unhindered reading by Council and/or Council’s contracted water meter
      readers, and not behind fences or locked gates. In this regard approval of the water meter
      configuration and location must be obtained from Council’s Water & Sewerage Capital Works
      Manager prior to lodgement and approval of hydraulic drawings.




                                                                                   Page 4 of 10

Section 5

                                                                                           2008/803



Earthworks
30.   Earthworks carried out on site shall not affect the structural integrity of any of the existing
      fences and/or structures and/or lands 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
31.   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.
Contributions Towards Council Infrastructure
32.   Monetary contributions shall be paid to Sunshine Coast Regional Council towards the cost of
      providing and/or upgrading various infrastructure at the rates applicable at the time of
      payment. An estimate only of the contribution amounts under the current Council policies and
      requirements is outlined in the table below:

       Contribution Required For:                                                        Amount:
       PSP12 – Public Open Space Contributions (Park)                                    $1,437

       PSP16 – Sewerage Headworks Contributions                                          $1,312

       PSP17 – Water Supply Headworks Contributions                                      $1,850

       PSP20 – Pathway Trunk Network Contributions                                       $1,034
                                                                                         $5,633
       TOTAL Contribution Amount =

       Please note, that these amounts are all subject to variations in the Consumer Price Index, All
       Groups Brisbane from December 2008 until the date of payment.

      All contributions must be paid prior to the issue of a Development Permit for Operational
      Works.
General
33.   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.
34.   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.
35.   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.
Environmental Health
36.   The developer must provide waste storage and disposal facilities in accordance with Planning
      Scheme Policy “Waste Management Multi-Dwellings and Commercial and Industrial
      Premises”, including an external imperviously paved area correctly sized for all refuse and
      recycling containers and suitably screened from public places and neighbouring properties.


                                                                                        Page 5 of 10

Section 6

                                                                                           2008/803



37.    Noise emission from mechanical equipment (air conditioners, refrigeration equipment or pool
       pumps etc) shall comply with the following requirements:
       37.1   The equipment shall be installed and located in a manner that prevents excessive
              noise in accordance with Council’s Local Law No. 12 - Control of Nuisances.
              Infringement Notices (on-the-spot fines) may apply for offences.
       37.2   A person must not use equipment on any day if it makes or causes noise to be made:
              37.2.1 From 10pm to 7am: More than the lower of either –
                         40 dB(A)
                         3 dB(A) above the background noise level
              37.2.2 From 7am to 7pm: More than the lower of either –
                         50 dB(A)
                         5 dB(A) above the background noise level
              37.2.3 From 7pm to 10pm: More than 3 dB(A) above the background noise level.
              37.2.4 Pool pumps must not be audible at an effected premises between 10pm-7am.
38.    Noise from residential building works shall comply with the following –
       38.1   Limited to between 7:00am to 6:30pm Monday to Saturday.
       38.2   All reasonable measures are taken to minimise noise emissions.
       38.3   Not permitted on Sunday or public holidays.

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 following
table:
 Plan / Document No.       Rev.     Plan / Document Name                         Date
 08-3725 1 of 6            D        Floor Plans – Burleigh Design                12 March 2009
 08-3725 2 of 6            D        Plan/Section – Burleigh Design               12 March 2009
 08-3725 3 of 6            D        Roof Plan – Burleigh Design                  12 March 2009
 08-3725 4 of 6            D        Elevations – Burleigh Design                 12 March 2009
 08-3725 5 of 6            D        3D Views – Burleigh Design                   12 March 2009
 08-3725 6 of 6            D        Area Overlay – Burleigh Design               12 March 2009

7      ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1.     The applicant is advised that development contributions and infrastructure charges applicable
       to this development approval have been based on the following Uses Class/ Uses and
       applicable quantities:-

                                                                                        Page 6 of 10

Section 7

                                                                                          2008/803




                   Existing Development                             Approved Development
        Existing Use Class                               Approved Use Class
                                  Existing Quantity                                Approved Quantity
               / Use                                           / Use
                                                         Multiple Housing -
       Detached House           Vacant Land                                        2 x 2 Bedroom Units
                                                         Type 2 – Duplex

2.    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 estimated amount of $2,939 and is subject to variations in the Consumer
      Price Index, All Groups Brisbane from December 2008 until the date of payment. An
      Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated
      Planning Act 1997.
3.    The applicant is informed that 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.
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.    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.
6.    The development should 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, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any
      other emissions in accordance with the nuisance provisions of the Environmental Protection
      Regulation 1998 or Council’s Local Law No. 12 – Control of Nuisances.
7.    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.
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.




                                                                                      Page 7 of 10

Section 8

                                                                                      2008/803



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   Landscaping, Access and/or Carparking, Stormwater
 Works                                           Drainage, Frontage Works & Erosion & Sediment
                                                 Control

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.
During the appeal period, you as the applicant may make written representations to Council about
the conditions contained within the development approval. If Council agrees or part agrees 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 continue after Council makes
its decision. (Refer to sections 3.5.17 and 3.5.18 of the Integrated Planning Act 1997).

15     OTHER DETAILS
Please note that an Infrastructure Charge in accordance with the Coastal Major Road Network
Infrastructure Charges Plan has been triggered by the approval of this development application. An
Infrastructure Charge Notice is attached in compliance with Chapter 5 of the Integrated Planning Act
1997.
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 PLANNING OFFICER



                                                                                   Page 8 of 10

Section 9

                                                                                                       2008/803



                                                        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
Division 8 - Appeals to court relating to                      for the application are not available against the part of
development applications                                       the approval that represents the concurrence agency’s
                                                               response for the code.
Appeals by applicants
                                                               Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application
may appeal to the court against any of the following-          4.1.29.(1) An advice agency may, within the limits of
                                                               its 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
      application;                                             if-
(b) a matter stated in a development approval,                 (a) the development application involves impact
      including any condition applying to the                      assessment; and
      development, and the identification of a code
      under section 3.1.6;1                                    (b) the advice agency told the applicant and the
                                                                   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
(e) a deemed refusal.                                          decision notice is given to the advice agency as a
    (2) An appeal under subsection (1)(a) to (d) must          submitter.
be started within 20 business days (the “applicant’s           Appeals for matters arising after approval given
appeal period”) after the day the decision notice or           (co-respondents)
negotiated decision notice is given to the applicant.          4.1.30.(1) For a development approval given for a
    (3) An appeal under subsection (1)(e) may be               development application, a person to whom any of the
started at any time after the last day a decision on the       following notices have been given may appeal to the
matter should have been made.                                  court against the decision in the notice-
Appeals by submitters                                          (a) a notice giving a decision on a request for
4.1.28.(1) A submitter for a development application               extension of the relevant period for an approval;
may appeal to the court about-                                 (b) a notice giving a decision on a request to make a
(a) the giving of a development approval, including                minor change to an approval.
      any conditions (or lack of conditions) or other              (2) The appeal must be started within 20 business
      provisions of the approval; or                           days after the day the notice of the decision is given to
(b) the length of a relevant period for the approval.          the person.
    (2) The appeal must be started within 20 business                (3) Subsection (1)(a) does not apply if the
days (the “submitters appeal period”) after the day            approval resulted from a development application
the decision notice or negotiated decision notice is           (superseded planning scheme) that was assessed as
given to the submitter.                                        if it were an application under a superseded planning
                                                               scheme.
    (3) If a person withdraws a submission before the
application is decided, the person may not appeal the             (4) Also, a person who has made a request
decision.                                                      mentioned in subsection (1) may appeal to the court
                                                               against a deemed refusal of the request.
    (4) If an application involves both impact
assessment and code assessment, appeal rights for                 (5) An appeal under subsection (4) may be started
submitters are available only for the part of the              at any time after the last day the decision on the
application involving impact assessment.                       matter should have been made.
    (5) If an application is processed under section           Division 9 - Appeals to court about other matters
6.1.28(2), appeal rights for submitters for the                Appeals for matters arising after approval given
application are available only for the aspects of the          (no co-respondents)
development that would have required public
notification under the repealed Act.                           4.1.31.(1) A person to whom any of the following
                                                               notices have been given may appeal to the court
                                                               against the decision in the notice-
                                                               (a) a notice giving a decision on a request to change
                                                                   or cancel a condition of a development approval.
1
     Section 3.1.6 (Preliminary approval may override
    local planning instrument)
                                                                                                   Page 9 of 10

Section 10

                                                                                                    2008/803

(b) a notice under section 6.1.442 giving a decision to     (d) the length of a period mentioned in section 3.5.21
    change or cancel a condition of a development                 relevant period;
    approval.                                               (e) a deemed refusal.
    (2) The appeal must be started within 20                    (2) An appeal under subsection (1)(a) to (d) must
business days after the day the notice of the decision      be started within 20 business days (the “applicant’s
is given to the person.                                     appeal period”) after the day the decision notice or
   (3) Also, a person who has made a request                negotiated decision notice is given to the applicant.
mentioned in subsection (1)(a) may appeal to the                (3) An appeal under subsection (1)(e) may be
court against a deemed refusal of the request.              started at any time after the last day a decision on the
    (4) An appeal under subsection (3) may be               matter should have been made.
started at any time after the last day the decision on      The Registrar for the Building and Development
the matter should have been made.                           Tribunal may be contacted at the website
Appeals against decisions to change approval                http://www.localgovernment.qld.gov.au/
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
                                                            For Infrastructure Charges Only
decision made on an application to change the               4.1.36 Appeals about particular infrastructure
conditions attached to an approval given under              charges
section 2.19(3)or section 4.4 of the repealed Act may       (1) This section applies to a person who has been
appeal to the court against-                                given, and is dissatisfied with, an infrastructure
(a) the decision; or                                        charges notice or a regulated State infrastructure
(b) a deemed refusal of the application.                    charges notice.
    (2) An appeal under subsection (1)(a) must be           (2) The person may appeal to the court against the
started within 20 business days after the day notice of     notice.
the decision is to be given to the person.                  (3) The appeal must be started within 20 business
    (3) An appeal under subsection (1)(b) may be            days after-
started at any time after the last day a decision on the    (a) if the notice is given because of a development
matter should have been made.                                    approval or master plan approval-the day the
Appeals against local laws                                       applicant is given notice of the decision about the
                                                                 approval; or
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions            (b)    otherwise-the day the notice is given to the
applied under a local law about the use of premises or             person.
the erection of a building or other structure permitted     (4) An appeal under this section may only be about-
by the planning scheme may appeal to the court              (a) whether a charge in the notice is so
against the decision or the conditions applied.                  unreasonable that no reasonable relevant local
    (2) The appeal must be started within 20 business            government, State infrastructure provider or
days after the day notice of the decision is given to the        coordinating agency could 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
Rights of appeal conferred by Section 4.2.9 of the          appeal under this section can not be about the
Integrated Planning Act 1997 as follows:                    methodology used to establish the charge in the
                                                            relevant infrastructure charges schedule or regulated
Division 3 – Appeals to tribunals relating to
                                                            State infrastructure charges schedule.
development applications
Appeals by applicants
4.2.9(1) An applicant for a development application
may appeal to the Building and Development Tribunal
against any of the following-
(a) the refusal, or the refusal in part, of a development
    application;
(b) a matter stated in a development approval,
    including any condition applying to the
    development, and the identification of a code
    under section 3.1.6;3
(c) the decision to give a preliminary approval when a
    development permit was applied for;


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

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