Attachment 3 - 20150352 - Decision Notice

Codes for Self Assessable Development

The following indicates the self-assessable codes that apply to this application:

         Schedule 1 of the Building Regulation 2006.
         The Noosa Plan.
         QDC MP 4.1           Sustainable buildings
         QDC MP 4.2           Water savings targets

Further Development Approvals Required:

The following indicates the additional development approvals are or may be required separately:

         Nil.

Concurrence Agencies Conditions:

Nil.


                                                EXTRACT FROM THE SUSTAINABLE PLANNING ACT 2009

Applicants have a right to appeal to the Planning and Environment Court. (SPA 2009 s461)
(1) An applicant for a development application may appeal to the court against any of the following:
     (a) the refusal, or the refusal in part, of a development application;
     (b) a matter stated in a development approval, including any condition applying to the development, and the identification of a code under s242,
     (c) the decision to give a preliminary approval when a development permit was applied for;
     (d) the length period mentioned in s341;
     (e) a deemed refusal.

1.     An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after:
       (a) if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
       (b) otherwise—the day a decision notice was required to be given to the applicant.

2.     An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

Applicants may also have a right to appeal to the Building and Development Dispute Resolution Committee. (SPA 2009 s527)
(1) An applicant for a development application may appeal to a building and development committee against any of the
    following:
    (a) the refusal, or the refusal in part, of the application;
    (b) any condition of the development approval and another matter, other than the identification or inclusion of a code under s242, stated in the
          development approval;
    (a) the decision to give a preliminary approval when a development permit was applied for;
    (b) the length of a period mentioned in s341;
    (c) a deemed refusal.

(2)    (An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after:
       (a) if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
       (b) otherwise: the day a decision notice was required to be given to the applicant.

(3)    An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

Advice agencies have a right to appeal to the Building and Development Dispute Resolution Committee. (SPA 2009 s528)
(1) An advice agency may, within the limits of its jurisdiction, appeal to a building and development committee about the giving of a development
    approval if the development application involves code assessment for the aspect of building work to be assessed against the Building Act.

(2) The appeal must be started—
    (a) within 10 business days after the day the decision notice or negotiated decision notice is given to the advice agency; or
    (b) for a deemed approval for which a decision notice or negotiated decision notice has not been given: within 20 business days after receiving a
         copy of the deemed approval notice for the application from the applicant.




                                                                           Page 7 of 7