Council archive · source document
06/2361 - SUPERSEDED Negotiated Decision Notice [As Published] · 132006.2361
Form 6 – Negotiated Decision Notice
INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION
File No: 2006/2361 Date of Decision: 28 May 2007
1. APPLICANT DETAILS
Name: Bennett Architects & Associates Pty Ltd
Postal address: CARE Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS QLD 4567
Phone no: 07 5455 5425 Fax no: 07 5455 5725
2. PROPERTY DESCRIPTION
Street address: 25 Grant Street, Noosa Heads
Real property Lot 7 SP 179879, County of March, Parish of Weyba
description:
3. OWNER DETAILS
Name: Bennett Architects & Associates Pty Ltd
Postal address: Unit 92 330 Wattle Street
ULTIMO NSW 2007
4. REFERRAL AGENCIES
Referral Agency Address Basis
Nil
5. APPLICATION TYPE
Development Development Details Preliminary Development
Approval Permit
Material Change of Use Multiple Housing Type 2 - Duplex No Yes
6. DECISION DETAILS
Council on 21 March 2007 decided to approve the application and grant a Development Permit, subject to
conditions.
In relation to representations made by the Applicant, Council on 28 May 2007 decided to:
A. Agree to amend Condition 3.
B. Agree to delete Condition 5.6.
C. Issue a Negotiated Decision Notice.
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.
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8. SUBMISSIONS
Not applicable.
9. CONDITIONS
The approval is subject to conditions. Noosa Council’s conditions are attached.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Development Permit for Building Works All building works
Development Permit for Operational Works Landscaping, carparking & access, stormwater drainage and
sediment & erosion control
11. RIGHTS OF APPEAL
Rights of appeal in relation to this application are attached.
12. ASSESSMENT MANAGER
Name: Noosa Council Signature: Date: 28/05/07
DECISION NOTICE HISTORY
Original Decision Notice 21 March 2007.
Negotiated Decision Notice with amendment to
Condition 3 and deletion of Condition 5.6 on 28 May
2007.
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Noosa Council Conditions
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
Land Use
1. Development undertaken in accordance with this approval must generally comply with the approved plans
of development. The approved plans are titled and numbered Floor and site Plans – DA01C and
Elevations and Section – DA02C prepared by Bennett Architects Associates Pty Ltd and dated 14
February 2007 and as may be amended by these conditions.
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 proposed stone feature wall adjacent to the visitor carpark at the front of the property shall be no
more than 900mm high.
4. The proposed retaining wall at the northern boundary shall be setback a minimum of 0.5 metres to allow
for screening vegetation to be provided between the proposed development and the adjoining property.
5. 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. The submitted landscape plan shall detail the following:-
5.1. The proposed landscaped area between the front property boundary and the visitor parking space
shall be a minimum depth of 2 metres and planted densely with screening species of local origin.
5.2. The provision of dense vegetation of local origin along the side property boundaries (exclusive of
the area adjacent to the length of the service access stairs at the southern boundary) in order to
screen the development.
5.3. The area adjacent to the length of the service access stairs shall be planted a depth no less than
0.4 metres with shrubs of local origin to provide landscaped screening from the adjoining site.
5.4. The area adjacent to the length of the retaining wall at the northern side boundary shall be planted
a depth no less than 0.5 metres with shrubs of local origin to provide landscaped screening from
the adjoining site.
5.5. A minimum of four (4) x 100 litre and six (6) x 45 litre species of local origin shall be planted along
the rear boundary to replace existing vegetation that was required to be removed from the site and
screen the height intrusion and encroachment of the rear boundary setback.
5.6. Deleted.
6. 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.
7. Building height shall not exceed 8.8 metres above natural ground level as indicated on the approved plan
titled and numbered Floor and site Plans – DA01C prepared by Bennett Architects Associates Pty Ltd and
dated 14 February 2007.
8. Site cover shall not exceed 40%.
9. Existing trees on the site and within road reserves are to be retained, except where required to be
removed due to building operations or the conduct of the approved use. These landscape plans required
to be submitted are to denote areas of existing vegetation or existing trees proposed or required to be
retained.
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10. Any deck or balcony areas are not to be enclosed with shutters, glass panelling or the like, thus remaining
as open structures. This does not include sliding timber screens as indicated on the Elevation and
section plan – DA02C prepared by Bennet Architects & Assoc Pty Ltd and dated 14 February 2007.
11. The proposed development shall have all kitchen, laundry and bathroom fittings that comply with the AAA
Water Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient Products - Rating
and Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1.2), with toilets to
comply with the AAAA Water Conservation Rating System. All tap ware and shower roses shall not
exceed a maximum flow of 9 litres per min. Dishwashers and washing machines are excluded from this
requirement.
12. 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.
13. All hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems
(LPG or natural).
14. Security in the form of a cash bond or trading bank guarantee to the sum of $20 000 must be submitted,
to secure performance of all conditions of this approval, prior to the issue of a Development Permit for
operational works. The cash bond or guaranteed sum will be returned on performance of the conditions
of approval less any costs incurred by Council in respect of enforcing performance of this permit.
15. 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.
16. The Development Permit for a material change of use of premises lapses if the use has not happened by
21 March 2011 unless an application to extend the currency is approved by Council.
17. 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
18. A vehicular access driveway to serve the development shall be constructed from the Grant Street frontage
of the site with a maximum width of 6.0 m.
19. A vehicle turntable shall be constructed on site generally in accordance with drawing number DD A01B
dated 7 December 2006 prepared by Bennett Architects and Associates.
The vehicle turntable shall be maintained in good working order and in accordance with the manufacturers
specifications.
The maintenance plan for the vehicle turntable shall be incorporated in the Community Management
Scheme for the development and a copy of this shall be provided for Council’s records prior to
commencement of the approved use.
20. 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 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.
21. To ensure pedestrian safety between vehicles existing 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 AS2890.1, 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.
22. All vehicles shall enter and leave the site in a forward direction.
Carparking
23. Carparking shall be provided within the site generally as shown on drawing number DD A01B dated 7
December 2006 prepared by Bennett Architects and Associates, except as modified herein.
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24. A minimum of 2 covered carpark spaces and 1 uncovered carpark space shall be provided on site.
25. The visitor carspace shall be located clear of the access driveway and have minimum dimensions of 5.4m
x 2.4m clear of any walls or fencing.
26. Vehicle access to the visitor carspace shall not be restricted by gates, security screens or any other
obstacles.
27. 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.
28. All carparking shall be kept, maintained and line-marked in a condition fit for use.
Public Open Space Contributions
29. A Public Open Space contribution of $1,329 towards the acquisition of additional parkland or the
improvement of existing parkland and facilities in the locality shall be paid to the Council prior to obtaining
a Development Permit for Operational Works in accordance with Council’s Planning Scheme Policy
PSP12 Public Open Space Contributions (Park). This amount will be subject to variations in the
Consumer Price Index, All Groups Brisbane from September 2006 until the date of payment.
Frontage Works
30. 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.
31. A contribution of $1,010 towards the construction of footpaths in the Grant Street local area shall be paid
to Council prior to obtaining a Development Permit for Operational Works. This amount will be subject to
variations in the Consumer Price Index, All Groups Brisbane from September 2006 until the date of
payment.
32. All redundant vehicular crossings to the site shall be removed and replaced by kerb & channel, footpath
paving and landscaping such as trees and grasses in accordance with Council’s Standard specifications
prior to commencement of the use permitted by this permit.
Pathway Trunk Network Contributions
33. A pathway trunk network contribution of $956 towards external major pathways, in accordance with
Planning Scheme Policy PSP20 Pathway Trunk Network Contributions, shall be paid to the Council prior
to obtaining a Development Permit for Operational Works. This amount will be subject to variations in the
Consumer Price Index, All Groups Brisbane from September 2006 until the date of payment.
Stormwater Drainage
34. All stormwater drainage shall be collected on site 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 Council’s existing drainage structures located at the rear of the site. Plans of the drainage design shall
be prepared by a Registered Professional Civil Engineer and submitted to Council prior to obtaining a
Development Permit for Operational Works.
35. Roof runoff from any new dwelling shall be directed to a rainwater storage system or tank (minimum
storage 3000 litres per dwelling/unit) that is installed to ensure water from the tank can be 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 Building Works approval and any overflow shall be directed to the stormwater drainage system.
36. To ensure that polluted run-off does not enter Council’s stormwater drainage system, stormwater run-off
from the carparking areas and the driveways shall have the first flush (the first 12 mm of rainfall or hose-
down) collected in a grease/oil arrestor provided on site prior to being permitted to discharge into
Council’s drainage system.
All other clean stormwater, such as roof water, can be collected on site and discharged through a single
underground drain line directly into the existing drainage system, bypassing the grease/oil arrestor.
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To this end, a detailed maintenance plan shall be prepared for the proposed grease/oil arrestors, which
shall be submitted to the Council for approval prior to obtaining a Development Permit for Operational
Works.
The approved maintenance plan shall be incorporated in the Community Management Scheme for the
development and a copy of this shall be provided for Council’s records prior to commencement of the
approved Use.
A Development Permit for Building Works shall not be granted until a Development Permit for Operational
Works has been issued in regard to the drainage scheme.
37. All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
38. The site shall be connected to Council’s existing sewerage reticulation systems and be constructed in
accordance with Council’s standards and requirements at no cost to Council.
Town Water Supply
39. 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.
40. 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.
41. 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.
42. For Multiple Uses (including Building Format Plans, Group Title Plans, etc) the development shall be
served by:
42.1. A single Body Corporate water meter to measure the total water consumption (including fire hose
reels, but excluding fire hydrants and fire sprinkler systems), and
42.2. Individual water meters to each tenement capable of being separately rated, and
42.3. A fire service (fully testable single detector check with metered bypass), where applicable, for flows
to fire hydrants and fire sprinkler systems (excluding fire hose reels).
Service Easements (Sewer / Stormwater)
43. To ensure Council’s sewer main and stormwater infrastructure 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, screens, etc) shall be constructed within or
encroach over an easement.
Headworks Contributions
44. Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP17 and PSP16
on Water Supply Headworks Contributions and Sewerage Headworks Contributions respectively and at
the rates applicable at the time of payment. An estimate only of the contribution rates under the current
policies is outlined below. These amounts will adjusted in line with changes to the Consumer Price Index,
All Groups Brisbane from September 2006 until the date of payment.
Water Supply $1,803
Sewerage $1,213
TOTAL $3,016
All headworks contributions must be paid prior to the issue of a Development Permit for Operational
Works.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should the headworks
contributions not be paid at the due time, Council shall call upon the trading bank guarantee in full.
In the event that the Development Permit for Material Change of Use of Premises lapses or is cancelled,
the contribution or trading bank guarantee will be returned
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Earthworks
45. 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.
Site Stability
46. A Geotechnical Engineer or similar qualified expert shall assess the soil condition on site, determine the
soil classification, establish whether any measures are required to protect the stability of adjoining
structures and/or lands, and make recommendations on the type of foundation system(s) best suited for
the proposed development. The recommendations of this report shall be incorporated into the design and
construction of the proposed development.
Erosion and Sediment Control
47. 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.
General
48. A suitably qualified Registered Professional Engineer shall prepare engineering drawings and
specifications for all engineering works that will become Council infrastructure, which shall be submitted in
conjunction with an application for a Development Permit for Operational Works. In this regard a
DXF/DWG file on GDA94 zone 56 grid of the proposed cadastre layout is to be submitted in conjunction
with any application for Operational Works.
49. Digital detailed design drawings and calculations shall be submitted with any application for a
Development Permit for Operational Works in respect of roadworks and stormwater drainage works. The
design shall be in accordance with Council’s Planning Scheme Policy PSP05 – Engineering Design
Standards – Roads, Drainage and Earthworks. To avoid conflict with underground pipes or services, all
existing and proposed services required by the development shall be shown on the plans.
50. 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.
51. 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.
52. 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
53. The developer must provide waste storage and disposal facilities, including an external imperviously
paved area correctly sized for all refuse and recycling containers and suitably screened from public places
and neighbouring properties.
54. Noise emission from mechanical equipment (air conditioners, refrigeration equipment or pool pumps etc)
shall comply with the following requirements:
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.
A person must not use equipment on any day if it makes or causes noise to be made –
From 10pm to 7am: More than the lower of either –
40 dB(A)
3 dB(A) above the background noise level
From 7am to 7pm: More than the lower of either –
50 dB(A)
5 dB(A) above the background noise level
From 7pm to 10pm: More than 3 dB(A) above the background noise level.
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55. Submission of written certification from a suitably qualified person confirming that the noise levels from all
mechanical equipment comply with the cause above when measured at either the residential boundary or
outside the most exposed part of an affected building, whichever is the closest to the equipment.
The assessment and certification is required immediately after installation of the equipment and prior to
any occupation of the building, and in a format approved by Council. This assessment must take into
account noise from any other fixed equipment on the property e.g. swimming pool pump, heating/cooling
equipment, etc that may increase the overall noise level emitted.
Advice: It is highly recommended that the person you engage to certify the installation is involved at the
plan development stage so they can recommend where this equipment is best located. They can also
advise about noise enclosures and can make other suggestions to avoid noise problems. It is a lot more
costly to try and deal with noise problems after everything is built.
56. Noise from building works associated with residential development shall comply with the following –
56.1. Limited to between 7:00am to 6:30pm Monday to Saturday.
56.2. All reasonable measures are taken to minimise noise emissions.
56.3. Not permitted on Sunday or public holidays.
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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. 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:-
Existing Development Approved Development
Existing Use Class / Approved Use Class /
Existing Quantity Approved Quantity
Use Use
Multiple Housing - Type
Detached House Vacant Land 2 x 2 Bedroom Units
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 $2,717 and is subject to variations in the Consumer Price Index, All Groups Brisbane from
September 2006 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 requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and Local Law
No. 12, prevents a builder or building contractor carrying out building work on a building site in a way that
makes or causes audible noise to be made from the building work:
3.1. On a Sunday or public holiday, at any time; or
3.2. On a Saturday or a business day, before 7.00am or after 6.30pm.
3.3. A maximum penalty of $1,500 applies to an offence under this legislation.
4. 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.
5. Fencing to the swimming pool must comply with the Queensland Building Act 1975 Part 3 (as amended)
and Part 5 of Standard Building Regulation 1993 in all respects. Direct access from the dwelling to the
pool enclosure is not permitted.
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.
8. 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.
9. 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.
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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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(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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