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SUPERSEDED Decision Notice - 010.2007.00000616.001 [As Published] · 132007.616
Form 6 - Decision Notice
INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION
File No: 2007/616 Date of Decision: 11 October 2007
1. APPLICANT DETAILS
Name: Giselle Radulovic
Postal address: CARE Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS QLD 4567
Phone no: 5455 5425 Fax no: 5455 5725
2. PROPERTY DESCRIPTION
Street address: 8 Attunga Heights Noosa Heads
Real property Lot 23 RP 89506
description:
3. OWNER DETAILS
Name: Giselle Radulovic
Postal address: 8 Hobart Avenue
FORREST ACT 2603
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 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:-
Nil.
8. SUBMISSIONS
Nil.
9. CONDITIONS
The approval is subject to conditions. Noosa Council’s conditions are attached.
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NOOSA COUNCIL IDAS Development Application Decision Notice 2 of 12
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, access and/or carparking, stormwater drainage,
frontage works and erosion and sediment control
11. RIGHTS OF APPEAL
Rights of appeal in relation to this application are attached.
12. ASSESSMENT MANAGER
Name: Noosa Council Signature: Date: 12/10/07
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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 prepared by Agenti Architects Pty Ltd and are detailed as
follows:
Titled Numbered Dated
8 Attunga Heights 07025SK1(C) 27 August 2007
Level 2 07025SK2 27 August 2007
Level 3 07025SK3(C) 27 August 2007
North Elevation / West Elevation 07025SK5(B) 31 August 2007
North Elevation / West Elevation 07025SK6(B) 31 August 2007
And as may be amended by the conditions herein and any annotations on the plans.
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. In this regard:-
3.1. Finished ground level of the landscaped areas within the front setback and along the sides and
rear of the carpark level shall be retained or reinstated to the existing natural ground level as
indicated by the contours on the site plan.
3.2. Where practicable, the heights of any retained structures shall be minimised and the adjacent
landscaped areas battered/mounded up.
3.3. Native screening vegetation, shall be provided along the side and rear boundaries. The vegetation
shall include understorey plantings and a diverse range of trees ranging from 45 to 75 Litres in
size.
3.4. Clothes lines, water tanks, bin enclosures and the like shall not to be located where they will
significantly reduce the effectiveness of any screening vegetation.
3.5. The mature Pandanus tectorius (1 of) and Callitrus columellaris (1 of) within the front setback area
to Attunga Heights shall be retained.
3.6. The three (3) mature Callitrus columellaris and the mature Eucalypt (1 of) in the rear setback area
shall be retained. This includes the Callitrus columellaris that is on the boundary in the southeast
corner of the site.
3.7. The landscaping plan shall include a minimum of four (4) native species of a minimum size of 100
Litres to replace existing trees to be removed from the site.
3.8. The landscaping plan shall detail treatment to planter boxes/court areas indicated on Level 2. The
height of any planter box shall not exceed 1.0 above slab level.
3.9. A minimum of 1 x 45litre Banksia integrefolia street tree shall be established on the Attunga
Heights frontage within the road reserve.
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3.10. Any declared species (weeds) shall be removed from the site. In this regard, there are a number
of umbrella trees on the site that are to be removed.
4. The unenclosed visitor parking space shall be deleted and landscaping area increased accordingly in this
area, with natural ground level maintained.
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. The landscape plans are to
denote areas of existing vegetation or existing trees proposed or required to be retained.
6. Any fencing along the southern boundary shall accommodate the Callitrus columellaris tree that is to be
retained in the southeast corner of the site.
7. The building height shall not exceed 8.0metres above natural ground level.
8. Any deck or balcony areas are not to be enclosed with shutters, glass panelling or the like, thus remaining
as open structures.
9. All hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems
(LPG or natural).
10. 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.
11. 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 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.
12. 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.
13. The Development Permit for a material change of use of premises lapses if the use has not happened by
11 October 2011, unless an application to extend the currency is approved by Council.
Building Services
Condition Survey
14. A condition survey is to be carried out of adjoining buildings, structures and services prior to any
demolition works or construction works taking place on site. If distress already exists, a photographic
survey shall be undertaken, the distress measured and a plan to monitor changes to distress shall be
implemented.
Demolition
15. Infrastructure including reticulated water, sewerage, stormwater, and electricity are to be protected from
damage and made safe to the standard required by the regulatory authority;
16. All infrastructure must be disconnected, capped or sealed including:-
electricity meters removed and electrical wires disconnected; and
telephone lines are disconnected; and
high speed data cables and television provider boxes are disconnected and removed to the
standard required by the regulatory authority;
17. All building materials containing asbestos, including asbestos cement sheeting or roofing and lagging,
must be removed from the building and disposed of in accordance with industry best practice.
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18. Waste generated during construction must be stockpiled in a centralised location and covered as required
to prevent material being blown onto adjoining properties including the road reserve or food waste from
generating vermin. All site waste must be disposed of to an approved waste disposal facility either directly
or via an approved waste receptacle and collection service. Storage areas are to be located near the
temporary access to the site so that access can be gained with out damage to infrastructure.
19. Any damage to footpaths, street plantings, kerb and channel or roadways at the removal site, the
relocation site or between the sites must be repaired or reinstated to at least pre-existing conditions.
20. Sediment and erosion control measures must be placed on site prior to the works commencing and shall
be maintained until all works are complete. The erosion and sediment control measures shall be in
accordance with the “Best practice guidelines for control of stormwater on building sites” prepared by
Healthy Waterways (copy attached or available at www.healthywaterways.org).
21. The transportation of all materials to and from the site must be undertaken in a manner such that no
particle matter escapes onto a public road. All vehicles carrying out materials either to or from the site
shall be covered to prevent materials including dust being windblown from the vehicle.
22. A Waste Management Plan shall be submitted for the demolition to the Environmental Health Section of
Noosa Council, prior to the development permit for building works being issued. The Plan shall contain the
following information:-
MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected waste Estimated volume (m³) On-site *specify Off-site *specify *Specify contractor
materials proposed reuse or contractor & & landfill site
onsite recycling recycling outlet
methods
Excavation material
Green waste
Bricks
Concrete
Timber – please
specify
Plasterboard
Metals – please
specify
Asbestos
Other – please
specify
NOTE: Details of site area to be used for onsite separation, treatment and storage (including weather
protection) shall be provided on the plan drawings accompanying your application.
Land Development
Vehicle Access
23. A vehicular access driveway to serve the development shall be constructed from the Attunga Heights
frontage of the site with a maximum width of 3.5m. The driveway shall be setback a minimum of 1.5
metres from the centre of the existing sewer manhole located within the Attunga Heights road reserve in
the frontage of the subject site.
24. 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.
25. 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 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.
26. All vehicles shall enter and leave the site in a forward direction.
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Car Parking
27. Carparking shall be provided within the site generally as shown on drawing number 07025SK1(c) dated
27 August 2007 by Agenti Architects, except as modified herein.
28. A minimum of 4 covered carpark spaces shall be provided on site.
29. 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.
30. All carparking shall be kept, maintained and line-marked in a condition fit for use.
Frontage Works
31. Footpath improvements such as topsoiling, grassing, and tree planting are required to the Attunga
Heights frontage of the site in accordance with Planning Scheme Policy PSP03 Landscaping Plants &
Guidelines. Grass shall be couch, free of weeds.
32. A new 1.5m wide concrete path shall be constructed along the Attunga Heights frontage of the site in
accordance with Council’s design standards and to an alignment that protects any significant vegetation
or any underground services.
33. All paths, driveways and parking areas shall be designed and constructed to ensure pedestrian safety
using non-slip materials, to produce an evenly graded surface finish, and to be in accordance with the
Disability Discrimination Act 1992 and Australian Standard 1428.1 Design for Access & Mobility.
34. 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.
Roof Water & Stormwater Drainage
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 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 Building Works /
Operational Works approval and any overflow shall be directed to the stormwater drainage system.
36. 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 Council’s kerb & channel street drainage
system in Attunga Heights. 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.
The maximum discharge of stormwater drainage allowable to Council’s kerb & channel street drainage
system at any one location is 25 litres/second.
37. 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.
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.
38. All site stormwater drainage shall be by means of a gravity system.
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Sewer Mains
39. 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.
40. The existing sewer main that is located in the adjoining property on the southern side of the site and the
‘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) shall be accurately located and determined by a licensed Surveyor and
shown on all plans submitted for Operational Works approval.
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, retaining walls exceeding 1m in height,
raised terraces, etc) shall be constructed within this ‘zone of influence’ or within 1.5m of the centreline of
the sewer main, whichever is the greater. As such the applicant shall amend Operational Works plans
including Building plans to ensure compliance.
Town Water Supply
41. 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.
42. 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.
43. 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.
44. For Multiple Uses (including Building Format Plans, Group Title Plans, etc) the development shall be
served by:
44.1. 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
44.2. Individual water meters to each tenement capable of being separately rated, and
44.3. 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)
45. A registered easement shall be created over the zone of influence of all sewers within the subject site and
over those parts of the subject site that are impacted upon by sewers on any adjoining sites. The
easements shall generally be parallel to and centred over the sewer main and be equivalent in width to
twice the depth to invert level of the sewer at the deepest point within the allotment (measured from the
finished surface) and be no less than 3.0m wide overall. In this regard a licensed surveyor shall
accurately locate all sewer mains and determine the necessary width of the easement, which shall be
shown on any plans submitted for Operational Works / Building Works approval. To this extent the
surveyor shall certify that the sewer and the zone of influence is wholly contained within the easement to
be created.
In addition to this the Applicant’s Solicitor shall give Council’s Solicitor an appropriate undertaking in
writing that the Title Deed and the easement documents will be lodged at the Land Titles Office and any
additional Titles Office forms or requisitions requiring the consent of Council will be attended to promptly.
A duly executed copy of the easement shall be submitted to Council for perusal prior to the use
commencing.
Any changes required by Council’s Solicitor must be corrected immediately.
46. No building or other structure shall be constructed or encroach over an easement.
Earthworks
47. Earthworks carried out on site shall not affect the structural integrity of any of the existing fences and/or
structures and/or buildings and/or services 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.
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NOOSA COUNCIL IDAS Development Application Decision Notice 8 of 12
Site Stability
48. 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
buildings and/or structures and/or services 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.
49. The excavation of the site and the construction of the proposed works shall not have any adverse affects
on the stability of adjoining buildings and/or structures and/or services and/or lands. In this regard a
Registered Professional Engineer Queensland shall supervise the excavation of the site and the
construction of the new works to determine whether any additional measures are required to protect the
stability of adjoining buildings and/or structures and/or services and/or lands.
Erosion and Sediment Control
50. 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
51. Monetary contributions shall be paid to Noosa 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) $1,352
PSP16 – Sewerage Headworks Contributions $1,234
PSP17 – Water Supply Headworks Contributions $2,243
PSP20 – Pathway Trunk Network Contributions $304
TOTAL Contribution Amount = $ 5,133
Please note, that these amounts are all subject to variations in the Consumer Price Index, All Groups Brisbane
from June 2007 until the date of payment.
All 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 contributions
not be paid at the due time, Council shall call upon the trading bank guarantee in full.
Processing of bonds for security where specific Council approval has been given for the bonding of
contributions will incur an administration fee in accordance with Council’s Land Development Commercial
& Regulatory Fees at the time of lodgement.
In the event that the Development Permit for Material Change of Use of Premises lapses or is cancelled,
the trading bank guarantee will be returned.
General
52. For the following classes of work associated with development, a Development Permit for Operational
Works must be obtained prior to commencement of works relating to that class of work. The application
may combine any or all of these classes of work:-
52.1. Access and/or Carparking.
52.2. Stormwater Drainage.
52.3. Frontage Works.
52.4. Erosion & Sediment Control
52.5. Landscaping
53. 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. To avoid conflict with
underground pipes or services, all existing and proposed services required by the development shall be
shown on the plans.
54. A construction management plan/strategy to ensure no damage occurs to Council services shall be
prepared by a suitably qualified Registered Professional Engineer and submitted to Council in conjunction
with any application for Operational Works.
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NOOSA COUNCIL IDAS Development Application Decision Notice 9 of 12
55. 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.
56. 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
57. 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.
58. 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
No audible noise for pool pumps apply during these hours -
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.
Pool pumps must not be audible at an effected premises between 10pm-7am
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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. Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if the cost of
operational works exceeds $80,000, then a portable long service leave levy is required to be paid. In
accordance with Section 77.(1) of the Act, Council is required to sight the approved form issued by the
Building and Construction Industry (Portable Long Service Leave) Authority that confirms that the
requirements of the Act have been satisfied. A statutory declaration outlining the cost of the operational
works must be submitted to Council with the lodgement of any application for operational works over the
site.
2. The 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 2
Detached House 1 Dwelling 2 x 2 Bedroom Units
– Duplex
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. Digital detailed designs including drawings, calculations, etc, shall be submitted with any application for a
Development Permit for Operational Works in respect of roadworks and stormwater drainage 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. The design shall be in accordance with Council’s
Planning Scheme Policy PSP05 – Engineering Design Standards – Roads, Drainage and Earthworks.
5. To facilitate production of As Constructed drawings it is suggested that all design drawings are submitted
in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of ADAC are
available at www.adac.com.au).
6. 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.
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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
(2) The appeal must be started within 20 business approval resulted from a development application
(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 12 of 12
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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