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SUPERSEDED Decision Notice - 010.2006.00000159.001 [As Published] · 142006.159

of 10

Text shows just the words. Original shows the document exactly as it was published.

                                   Form 6 - Decision Notice
                                   INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION


 File No:    2006/159                            Date of Decision:      28 June 2007

1.     APPLICANT DETAILS

 Name:               Middap Ditchfield Pty Ltd

 Postal address:     Cnr Mary & Thomas Street
                     NOOSAVILLE QLD 4566

 Phone no:           5474 0877               Fax no:      5474 0906

2.     PROPERTY DESCRIPTION

 Street address:     126-132 Gympie Terrace, Noosaville

 Real property       Lots 1, 2, 3 & 9 MCH 3881, County of March, Parish of Tewantin
 description:

3.     OWNER DETAILS

 Name:               N C Oliver Wholesalers Pty Ltd

 Postal address:     4 The Outlook
                     GLEN WAVERLEY VIC 3150

4.     REFERRAL AGENCIES

 Referral Agency            Address                                                     Basis
 Nil

5.     APPLICATION TYPE

 Development                 Development Details                                  Preliminary   Development
                                                                                   Approval        Permit
 Operational Works           Landscaping, Frontage Works, Access, Car                 No            Yes
                             parking, Stormwater Disposal, Sediment &
                             Erosion Controls & Filling of the Site

6.     DECISION DETAILS

Council decided to approve the application and grant a Development Permit, subject to conditions.

7.     APPLICABLE CODES

The developer must comply with the following codes for self-assessable development related to the development
approved under this Development Permit:-
Not applicable.

8.     SUBMISSIONS

Not applicable.

9.     CONDITIONS

The approval is subject to conditions. Noosa Council’s conditions are attached.
Full text of the other 9 pages

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NOOSA COUNCIL IDAS Development Application Decision Notice                                              2 of 10

10.    FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required                 Subject of the required Development Permit
 Nil

11.    RIGHTS OF APPEAL

Rights of appeal in relation to this application are attached.

12.    ASSESSMENT MANAGER

 Name:      Noosa Council                 Signature:                             Date:       02/07/07




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                 3 of 10




                                     Noosa Council Conditions
                                     INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


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.   This Development Permit lapses if the development has not happened by 28 June 2009, unless
      application to extend the currency 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




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                  4 of 10


             0619-08                 dated 23 January 2007      by Callaghan & Toth

             0411-DD01C              dated August 2005          by Middap & Ditchfield

             M1757-03C               dated 9 November 2006      by Jones Flint & Pike

             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.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                 5 of 10


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.

      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.



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NOOSA COUNCIL IDAS Development Application Decision Notice                                                      6 of 10


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.
      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'.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                7 of 10


      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.

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.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                8 of 10



                                     Local Laws, Policies & State
                                     Regulation Requirements
                                     INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


     THE FOLLOWING ADVICES 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.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                          9 of 10



                                                    Appeal Rights
                                                    INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

   The following is an extract from the Integrated                           (6) If an application involves assessment against
   Planning Act (Chapter 4).                                              a concurrence agency code, appeal rights for
                                                                          submitters for the application are not available
   Division 8 - Appeals to                   court      relating     to   against the part of the approval that represents the
   development applications                                               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                  4.1.29.(1) An advice agency may, within the limits of
   may appeal to the court against any of the following-                  its jurisdiction, appeal to the court about the giving of
   (a) the refusal, or the refusal                 in   part,   of   a    a development approval for a development
       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                      (b) the advice agency told the applicant and the
                            1
       under section 3.1.6;                                                   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 currency 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                   Appeals for matters arising after approval given
   be started within 20 business days (the “applicant’s                   (co-respondents)
   appeal 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
       (3) An appeal under subsection (1)(e) may be                       the following notices have been given may appeal to
   started at any time after the last day a decision on the               the court against the decision in the notice-
   matter should have been made.
                                                                          (a) a notice giving a decision on a request for
   Appeals by submitters                                                      extension of the currency period for an approval;
   4.1.28.(1) A submitter for a development application                   (b) a notice giving a decision on a request to make a
   may appeal to the court about-                                             minor change to an approval.
   (a) the giving of a development approval, including                        (2) The appeal must be started within 20 business
       any conditions (or lack of conditions) or other                    days after the day the notice of the decision is given
       provisions of the approval; or                                     to the person.
   (b) the length of a currency period for the approval.                        (3) Subsection (1)(a) does not apply if the
                                                                          approval resulted from a development application
       (2) The appeal must be started within 20 business                  (superseded planning scheme) that was assessed as
   days (the “submitters appeal period”) after the day                    if it were an application under a superseded planning
   the decision notice or negotiated decision notice is                   scheme.
   given to 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
      (4) If an application involves both impact                          started at any time after the last day the decision on
   assessment and code assessment, appeal rights for                      the matter should have been made.
   submitters are 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                        (no co-respondents)
   application are available only for the aspects of the
   development that would have required public                            4.1.31.(1) A person to whom any of the following
   notification under the repealed Act.                                   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)



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NOOSA COUNCIL IDAS Development Application Decision Notice                                       10 of 10

                                      2
(b) a notice under section 6.1.44 giving a decision to
    change or cancel a condition of a development
    approval.
    (2) The appeal must be started within 20 business
days after the day the notice of the decision is given
to the person.
   (3) Also, a person who has made a request
mentioned in subsection (1)(a) may appeal to the
court against a deemed refusal of the request.
    (4) An appeal under subsection (3) may be
started at any time after the last day the decision on
the matter should have been made.
Appeals against decisions to change approval
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act may
appeal to the court against-
(a) the decision; or
(b) a deemed refusal of the application.
    (2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of
the decision is to be given to the person.
    (3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on the
matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises
or the erection of a building or other structure
permitted by the planning scheme may appeal to the
court against the decision or the conditions applied.
    (2) The appeal must be started within 20 business
days after the day notice of the decision is given to
the applicant.




2
     Section 6.1.44 (Conditions may be changed or cancelled by
    assessment manager or concurrence agency in certain
    circumstances)




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