AMENDED Acknowledgement Notice - 010.2008.00000169.001 [As Published] · 132008.169

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5      PUBLIC NOTIFICATION DETAILS

 Is Public Notification Required?                           Yes
 Refer to the Explanatory Note for the Public Notification Stage.
 Please note that Public notification procedures must not commence until the information and
 referral stage has been satisfied.
 Details of adjoining landowners will be provided on request at the time of commencement of
 public notification.

6      REFERRAL AGENCIES
Council will advise the referral agencies of the receipt of the notice of the change to the application.

 Referral Trigger            Referral Status      Referral Agency         Referral Address

 MCU in a Coastal            Concurrence          Dept Environment &      PO Box 163
 Management District                              Resource
                                                                          COTTON TREE QLD 4558
 involving new premises                           Management
 with a GFA of more than
         2
 1000m

 MCU on land within          Advice               Dept Environment &      PO Box 163
 100m of a conservation                           Resource
                                                                          COTTON TREE QLD 4558
 estate`                                          Management

7      INFORMATION REQUEST
A further information request may be made by the assessment manager.
Regardless of this advice, any concurrence agency for the application may make an information
request.
Should the assessment manager not make an information request within the Integrated Planning Act
1997 timeframes, the applicant can proceed to the next IDAS stage of the development.
Notification is also given in accordance with section 3.3.6(6) of the Integrated Planning Act 1997 that
the information request period is extended by 10 days.

8      OTHER DETAILS

You        may     wish    to   follow   the    progress     of   this    application   online   at
http://rrif.noosa.qld.gov.au/masterviewpublic/modules/applicationmaster/default.aspx?page=search
Should you have any further queries in relation to the above, please do not hesitate to contact Glen
Conforti on the above number.
Yours faithfully,




Glen Conforti
Planning Technical Officer




                                                                                        Page 2 of 4

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                                                 Explanatory Note - Public Notification Procedures
                                                 INTEGRATED PLANNING ACT 1997 & 1998 REGULATION



1          INTRODUCTION                                            (2)        If no information requests have been made
The purpose of this explanation sheet is to provide                during the last information request period, the
guidance to applicants on the public notice procedures             applicant may start the notification period as soon as
under Section 3.4 of the Integrated Planning Act (IPA).            the last information request period ends.
The IPA and its Regulations, sets out the requirements
for the giving of public notice. These guidelines quote            (3)         If an information request has been made
much of the relevant IPA and Regulation material.                  during the information request period, the applicant
If there is doubt about a particular public notice aspect,         may start the notification period as soon as the
the applicant should refer to the IPA or have the public           applicant gives-
notice procedures undertaken by a consultant who is                a. all information request responses to all information
familiar with the IPA requirements.                                    requests made; and
Whilst every care has been taken in preparation of this            b. copies of the responses to the assessment
explanation sheet, finally it is the applicant's                       manager.
responsibility to ensure that the procedures are                   5        WHAT IS PUBLIC NOTICE
correctly followed. Council cannot accept any                      The following is extracted from Section 3.4.4 of the
responsibility for incorrect giving of public notice.              IPA:
2        PURPOSE OF PUBLIC NOTIFICATION                            3.4.4.(1) The applicant must-
Section 3.4.1 of the IPA indicates as follows:                     a. publish a notice at least once in a newspaper
3.4.1 The notification stage gives a person -                          circulating generally in the locality of the land; and
a. the opportunity to make submissions, including                  b. place a notice on the land in the way prescribed
     objections, that must be taken into account before                under a regulation; and
     an application is decided; and                                c. give a notice to the owners of all land adjoining the
b. the opportunity to secure the right to appeal to the                land.
     court about the assessment manager’s decision.                (2)         The notices must be in the approved form.
3        OVERVIEW OF PUBLIC NOTICE                                 (3)         If the assessment manager carries out
         PROCEDURES                                                notification on behalf of the applicant, the assessment
There are three distinct tasks to be undertaken in                 manager may require the applicant to pay a fee, of not
carrying out the public notice requirements:                       more than the assessment manager’s reasonable
a. Placement of a notice or notices on the land.                   costs for carrying out the notification.
b. Notification by letter to adjoining owners.                     (4)         For subsection (1)(c), roads, land below
                                                                   high-water mark and the beds and banks of rivers are
c. Placing a notice in a local newspaper.
                                                                   to be taken not to be adjoining land.
After the notification period has ended, the applicant
                                                                   (5)         In this section owner, for land adjoining the
must give the assessment manager written notice that
                                                                   land the subject of the application, means-
the applicant has complied with the requirements of
the public notice provisions of the IPA.                           a. if the adjoining land is subject to the Integrated
                                                                       Resort Development Act 1987 or the Sanctuary
One key aspect to note is that an application can
                                                                       Cove Resort Act 1985 - the primary thoroughfare
automatically lapse1 if the public notification period is
                                                                       body corporate; or
not commenced within 20 business days of the
completion of the relevant preceding stage.                        b. if the adjoining land is subject to the Mixed Use
                                                                       Development Act 1993 - the community body
4        WHEN CAN NOTIFICATION STAGE START
                                                                       corporate; or
Section 3.4.3 of the IPA indicates when the notification           c. subject to paragraph (a) and (b), if the adjoining
period can start. Where Council is the assessment                      land is subject to the Building Units and Group
manager, advice will be forwarded to the applicant,                    Titles Act 1980 - the body corporate; or
wherever possible, confirming that the notification
                                                                   d. if the adjoining land is, under the Body Corporate
period may be commenced.
                                                                       and Community Management Act 1997 scheme
3.4.3. (1) If there are no concurrence agencies and the                land for a community titles scheme -
assessment        manager      has      stated    in  the
                                                                       (i)      the body corporate for the scheme; or
acknowledgment notice that the assessment manager
does not intend to make an information request, the                    (ii) if the adjoining land is scheme land for more
applicant may start the notification stage as soon as                       than 1 community titles scheme - the body
the acknowledgment notice is given.                                         corporate for the community titles scheme that
                                                                            is a principal scheme; or
1
    Refer to Section 3.2.12 of the IPA.
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e. if there is a time sharing scheme on the adjoining             7        NOTICE IN THE NEWSPAPER & NOTICES
    land and the name and address of a person has                          TO ADJOINING OWNERS
    been notified under the Local Government Act                  The following is an extract from Section 3.4.6 of the
    1993, section 715 - the person; or                            IPA:
f. if the adjoining land is land being bought from the            (2)        Each notice given to the owner of adjoining
    State for an estate in fee simple under the Land              land must be given at about the same time as the
    Act 1994 - the buyer; or                                      notice is published in the newspaper and placed on
g. if the adjoining land us land granted in trust or              the land.
    reserved and set apart and placed under the                   (3)        All actions mentioned in subsection (2) must
    control of trustees under the Land Act 1994 - the             be completed within 5 business days after the first of
    trustees of the land; or                                      the actions is carried out.
h. if paragraphs (a) to (g) do not apply - the person             8        NOTIFICATION PERIOD
    for the time being entitled to receive the rent for
                                                                  Section 3.4.5 & 6.7.1A of the IPA indicates as follows:
    the land or would be entitled to receive the rent for
    it if it were let to a tenant at a rent.                      The notification period for the application-
Standard forms for public notice purposes are                     a. must not be less than -
available at http://www.ipa.qld.gov.au/docs/Form7.pdf                 (i)      15 business days starting on the day after
6         NOTICE ON LAND                                                       the last action under section 3.4.4(1) is
The following is an extract from the Integrated                                carried out; or
Planning Regulation 1998 and prescribes, for section                  (ii)     30 business days starting on the day after
3.4.4.(1)(b) of the IPA, requirements for the placing of                       the last action under section 3.4.4(1) is
a notice on land:                                                              carried out where-
5.1 The notice must be-                                                         there are 3 or more concurrence
                                                                                   agencies;
    a. placed on, or within 1.5 m of, the road frontage
                                                                                all or part of the development is
          for the land; and
                                                                                   described under a regulation;
    b. mounted at least 300 mm above ground level;                              all or part of the development is the
          and
                                                                                   subject of an application for a
    c. positioned so that it is visible from the road;                             preliminary approval to over-ride the
          and                                                                      planning scheme.
    d. made of weatherproof material; and                         b. must not include any business days between 20
    e. not less than 1200 mm x 900 mm.                                December and 5 January (in the following year.)
5.2 The lettering on the notice must be-                          9        COMPLETION OF NOTIFICATION PERIOD
    a. for lettering in the heading, as indicated on the          3.4.7     If the applicant carries out notification, the
          approved form of the notice—at least 50-mm              applicant must. within 3 months after the notification
          in height and in a bold style; or                       period has ended, give the assessment manager
    b. for lettering in the subheadings, as indicated             written notice that the applicant has complied with the
          on the approved form of the notice—at least             requirements of this division
          25 mm in height and in a bold style; or
    c. for lettering not mentioned in paragraphs a and
          b—at least 25 mm in height, of regular weight
          and in sentence case.
5.3 Each sentence in the notice must start on a new
    line.
5.4 If the land has more than 1 road frontage, a notice
    must be placed on each road frontage for the land.
5.5 The applicant must maintain the notice from the
    day it is placed on the land until the end of the
    notification period.
5.6 In this section, road frontage, for land, means-
    a. the boundary between the land and any road
          adjoining the land; or
    b. if the only access to the land is across other
          land—the boundary between the other land
          and any road adjoining the other land at the
          point of access.
The following is an extract from Section 3.4.6 of the
IPA:
(1)          The notice placed on the land must remain
on the land for all of the notification period.


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