APPROVED Decision Notice MCU17/0009

Officer:	:Lisa Pienaar
Direct Telephone:	 07 53296514
Our Reference:	:MCU17/0009 & OPW17/0037
Your Reference:	:n/a

14 June 2017

DW Armstrong & LJ Armstrong
C/- RG Strategic
PO Box 1818
NOOSA HEADS  QLD  4567

[email protected]

Dear Sir/Madam

Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 12 June 2017, Council decided to approve the application in full subject to conditions.
Details of the decision are as follows:
1.	APPLICATION DETAILS

Application No:	MCU17/0009 & OPW17/0037
Street Address:	23 Grant St NOOSA HEADS  QLD  4567
Real Property Description:	Lot 8 SP 179879
Planning Scheme:	The Noosa Plan (28 October 2016)

2.	DECISION DETAILS

The following type of approval has been issued:

Development Permit for Material Change of Use of Premises - Multiple Housing Type 2 – Duplex
Development Permit for Operational Works (Driveway, Parking, Stormwater Drainage Works, Earthworks, Frontage Works and Landscaping)

3.	RELEVANT PERIOD OF APPROVAL
The relevant period for this development approval is 2 years starting the day that this development approval takes effect.
4.	ASSESSMENT MANAGER CONDITIONS
MATERIAL CHANGE OF USE CONDITIONS (MCU17/0009)
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions and annotations on the plans.
Plan No.	Rev.	Plan/Document Name	Date
DA-L01	F	Landscape Plan, prepared by Georgina Price Design	3 April 2017
DA-01	F	Site Plan, prepared by Georgina Price Design	3 April 2017
DA-02a	F	Existing contour and Extent of level ground plan, prepared by Georgina Price Design	3 April 2017
DA-02b	F	Level Ground Floor Plan, prepared by Georgina Price Design	3 April 2017
DA-03	F	Level 1 Floor Plan, prepared by Georgina Price Design	3 April 2017
DA-04	F	Level 2 Floor Plan, prepared by Georgina Price Design	3 April 2017
DA-05	F	Roof Plan, prepared by Georgina Price Design	3 April 2017
DA-06	F	North East Elevations, prepared by Georgina Price Design	3 April 2017
DA-07	F	South East Elevation, prepared by Georgina Price Design	3 April 2017
DA-08	F	South East & North West Elevations, prepared by Georgina Price Design	3 April 2017
DA-09	F	Section A-A-Typical, prepared by Georgina Price Design	3 April 2017
DA-10	F	External Works Plan, prepared by Georgina Price Design	3 April 2017
Building Height
The maximum height of the development must not exceed the 8 metres.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirements of this Decision Notice.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the pre-start meeting. 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.  Council reserves the right to call upon the bond or guaranteed sum to effect compliance with condition.
Building Appearance
All air conditioning units or other mechanical equipment must be fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like, except where required to satisfy any privacy condition of this Decision Notice.
Fencing and Walls
Any street fencing must be set back an average of 1 metre from the front property boundary.  Any fencing on the front boundary must either:
not exceed a maximum height of 1.2m
be of open construction
The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street.
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view.
Community Management Statement
Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the Building Format Plan (or similar) to Council for compliance assessment.
Landscaping
The development site must be landscaped.  The works must be undertaken in accordance with the Operational Works approval and Planning Scheme Policy PSP 3 – Landscaping Plants and Guidelines.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
The area of land between the front fence and the front property boundary must be densely landscaped to screen any fencing from the street.
Waste
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy “Waste Management Multi-Dwellings and Commercial and Industrial Premises”, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.
Noise Nuisance
Submission of written certification from a suitably qualified person confirming that the noise levels from all mechanical equipment comply 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.  All equipment should be operating at the same time to test the overall noise level created.
Advice: It is recommended the person you engage to certify the installation is involved at the plan development stage so they can recommend where equipment is best located. They can also advise about noise enclosures and make other suggestions to avoid noise problems that are is costly deal with post-construction.
Noise from residential building works shall comply with the following –
Limited to between 7:00am to 6:30pm Monday to Saturday.
All reasonable measures are taken to minimise noise emissions.
Not permitted on Sunday or public holidays.
External Reinstatement Works
The length of frontage to the subject site must be upgraded in accordance with the Operational Works approval and must include in particular:
Construction new concrete pathway at a minimum width of 1.5m generally at similar alignment to the existing concrete pathway/s along this side of the street.
Replacement of any badly damaged sections of kerb and/or channel.
Relocation or adjustment to any existing service pits within the driveway crossover in accordance with the requirement the relevant service provider.
To include any the relocation, modifications or alterations to existing services, service covers and the like to ensure they do obstruct or finish flush with the footpath surface so as not to create changes to grades or a pedestrian trip hazard.
Car Parking
A minimum of 4 car parking spaces must be provided on the site.  The works must include in particular:
Sufficient area within the site to permit a vehicle to reverse from the garages and exit the site in a forward gear generally in a total of 2 movements.
Crossfall, gradients and dimensions in accordance with Australian Standard AS2890:1 Parking Facilities.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must comply with the Operational Works conditions of this permit and include in particular:
Collection and discharge of stormwater into the inter-allotment system/pipeline within the property.
The use of gravity stormwater drainage.
The current owners and any subsequent owners are responsible for all ongoing maintenance of any inter-allotment drainage pipeline and overland secondary flow path on this site that are designed to convey stormwater from adjoining sites.
Earthworks and Retaining Walls
All fill and associated batters/retaining walls must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.  All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Easements
Easement must be created over all stormwater pipelines on the site that convey stormwater flows from adjacent properties if not already created.
All building works and structures must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Electricity and Telecommunication Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Development Permit for Operational Works OPW17/0037 - ((Driveway, Parking, Stormwater Drainage Works, Earthworks, Frontage Works and Landscaping)
APPROVED PLANS
Development works undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan Title	Date
26333-C1	Prlm	General Construction Notes,  prepared by SCG Consulting Engineers (Preliminary)	January 2017
DA-D01	01	Driveway Plan, Approved by SCG Consulting Engineers (13/01/2017)	19/12/2016
DA-H01	D	Hydraulic-Stormwater & Drainage Plan, Approved by SCG Consulting Engineers (12/01/2017)	19/12/2016
Prior to Commencement of Works
Council must be contacted at least 5 working days prior to any works commencing to organise a prestart.  The contact number to arrange a prestart meeting is 5329 6291*. The prestart meeting must include the relevant parties for the following aspects of the works:
Civil engineering works.
Erosion and sediment control works.
Landscaping works.
* Refer to Advisory Notes of this permit.
At least 5 working days prior to any works commencing, written advice must be provided to Council detailing:
The name, contact details and ACN for the supervising Registered Professional Engineer of Queensland (RPEQ) and Principal Contractor.
Proposed dates for commencement and completion of construction.
Certificates demonstrating currency of public liability insurance and works insurance covering the works in line with the planning scheme.
All operational works must be supervised by a Registered Professional Engineer of Queensland (RPEQ) who is independent of the Developer and Principal Contractor, and they must certify that all completed engineering works conform to the conditions of this Operational Works permit and the intent of the engineering design.
Any changes to the details associated with the supervising RPEQ or Principal Contractor during construction, must be notified to Council in writing within 5 business days of the change occurring.
Condition report/s including photographs must be completed and submitted to Council prior to the prestart meeting and prior to any works commencing:
The frontage of the site including any existing services and kerb & channel.
All fences bordering the site.
Any existing works, buildings and structures on the adjoining properties that could potentially be destabilised or impacted on by the proposed operational works.
A Construction Management Plan must be submitted to Council for approval prior to the prestart meeting and must specifically address the following:
Traffic Management during all aspects of the construct phase including:
A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction commencing.
Details on the location of imported fill sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage.
NOTE: any damage to the existing road system as a result of haulage operations must be fully repaired at the applicant’s expense
Maintenance of safe traffic, pedestrian and cyclists access across the frontage of the site both during daily construction and after daily construction has ceased.
Fencing to the site during the construction phase of the development.
Providing safe and adequate parking arrangements for all machinery and cars during construction phase without adversely impacting on the traffic flows, traffic safety and the availability of parking spaces in the local streets.
Effective procedures and measures to minimise adverse environmental impact on other properties and roads users including noise and dust emission.
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures.
Works programme identifying key components of the works and their respective durations.
Establishment of a communication and contact protocol with the neighbouring owners, to advise of construction times, impacts on traffic and services and other relevant issues.
Any conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination prior to the prestart meeting.
During Construction
General
Safe pedestrian access on all streets in the vicinity of the development must be maintained at all times. Should footpath/road closures be necessary to carry out construction works, Council’s Engineering Officer must be notified prior to the proposed closure and all requirements complied with.
All frontage works must match neatly with existing road and verge/footpath features. Where required, additional works beyond the frontage may be required to provide an acceptable transition to existing road and verge/footpath profiles.
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
Where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
Where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ) who is independent of the Developer and Principal Contractor, and they must certify that all works conform to the Operational Works permit. Where municipal works are involved, such confirmation must be submitted for the respective hold points prior to any site inspection by Council Officers.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice.
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines.
Provision of the Work Health and Safety Act and such other legislation as is applicable to workplace health and safety.
Requirements
Pathway
A 1.5m wide public pathway must be provided along the frontage of site in accordance with the following requirements:
The finished texture and colour of pathway in compliance with Council’s standards and requirements.
Be in compliance with Standard Drawing SEQ R-065.
All paths must have a slip resistant surface.
Expansion and contraction joints must provide a flush finish. Installation of joints by saw cutting is preferred to ensure a smooth ride for cyclists.
To include any modifications or alterations to all existing surfaces, service covers and the like to ensure they finish flush with the footpath so as not to create changes to grades or a pedestrian trip hazard.
Be at alignment consistent with existing pathway along this side of the street.
Be designed and constructed to comply with the Disability Discrimination Act (DDA), Access to Premises Standard, Austroads and relevant sections of AS1428 Design for access and mobility.
Site Access and Driveway
A driveway must be provided to the site generally in accordance with the approved plans and must comply in particular with the following:
Be in accordance with IPWEAQ Standard Drawings SEQ R-049 and SEQ R050
To have a maximum width of 5.5 metre.
To smoothly match the grades and levels of the new concrete footpath without posing trip hazards.
Must be at grades in compliance with the requirements of AS 2890.1
Any existing services pit within the driveway crossover must relocated or adjusted in accordance with the requirement the relevant service provider.
Pavement design for privately owned works must be undertaken in accordance with the relevant standards. The structural integrity and the ongoing maintenance of the crossover, driveway and parking areas will remain the responsibility of the property owner.
Earthworks
All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development. Certification must be provided by an RPEQ and submitted to Council prior to the issue of the Certificate of Classification for the building.
The supervising RPEQ must ensure that all necessary geotechnical testing and assessment are carried out and complied with.
The supervising RPEQ must confirm that any necessary earthwork stabilisation and retention works are carried out in accordance with best engineering practice to ensure stability of the proposed development works and that no adverse impact on the stability of adjoining properties and structures, confirmation in this regard must be included in the engineering certification of the completed works.
Stormwater Works
The supervising RPEQ must ensure that stormwater layout in the approved plans is implemented and it must be ensured that an easy inspection and maintenance access for the soaker pit is provided. The details of inspections and confirmation of compliance with the design must be included in engineering certification of the completed works. Construction hold point(s) with Council’s delegate may be required in this regard and to be discussed and agreed to at the prestart meeting.
Appropriate scour protection must be provided at the outlet of all stormwater pipes including temporary outlets.
Works associated with this permit must not adversely impact on the existing drainage conditions on other properties (eg by blocking or interfering with natural overland flows).
Service Conduits under Existing Pavement
Any electrical conduits and other services (including town water connection) proposed to be installed under existing sealed carriageways, concrete pathways or concrete/sealed driveways must be installed by boring. Trenching is not permitted, unless specifically approved by Council.
Erosion and Sediment Control
Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) must not be released from the site or to waters within the site, or be likely to be released should rainfall occur, unless all reasonable and practicable measures are taken to prevent or minimise the release and concentration of contamination.
Effective erosion and sediment control measures must be installed and maintained to minimise erosion on the site and to minimise the export of sediment and associated pollutants from the site. The erosion and sediment control measures must be designed, installed and maintained in accordance with current best practice standards and in accordance with the instructions and recommendations of the supervising engineer.
The applicant must ensure non-essential exposure of soil is prevented by restricting the extent of works and minimising the duration of soil exposure to adverse weather conditions. Exposed areas must be effectively stabilised without delay prior to any predicted rainfall occurring and turfed as soon as practicable.
Prior to the issue of the Certificate of Classification, all site surfaces must be effectively stabilised using methods which have achieved effective short-term stabilisation and which will continue to achieve effective stabilisation in the medium to long-term. For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination.
Supervision/Certification
Upon completion of the work a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the Operational Works permit and best engineering practices.
All municipal works must be accepted ‘On Maintenance’ by Council in accordance with Council’s relevant Planning Scheme Policy prior to the commencement of the use. To achieve ‘On Maintenance’, the supervising RPEQ must submit to council:
Certification that all works have been undertaken and completed in accordance with the requirements of this Permit.
As Constructed details in accordance with Council’s Planning Scheme Policy
As Constructed Plans
Prior to acceptance of any civil works to become Council assets “On Maintenance”, the lodgement of a satisfactory “As Constructed” records must be submitted to Council. The “As Constructed” information must generally include:
Drawings and data certified by a qualified experienced Civil Engineer (RPEQ) for design intent, and certified by a Licensed Surveyor in regard to the cadastre and the location, level and type of all services and structures.
The data must be in accordance with Council’s (Noosa Plan) – Planning Scheme Policy 5 – Engineering Design Standards – Roads, Drainage and Earthworks, and fully detail levels for all engineering works including but not limited to drainage structures, finished ground levels and pavement surface levels.
Landscaping Works
The development site must be landscaped in accordance with Planning Scheme Policy 3 – Landscaping Plants and Guidelines and generally in accordance with the works shown on the approved Landscape plan.
The north eastern plunge pool fence must be visually screened from the street with either the use of vertical timber batons and/or adequately supported climbing native vines species such as Tecomanthe hillii,  Pandora jasminoides, Cissus hypoglauca or similar.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
Grassed areas must be:
Rolled, top dressed and joined smoothly with adjoining surfaces.
Of species sustainable for local and design conditions and do not require irrigation.
Free of disease, pest, weeds, rock and debris.
Landscaping must be located in a position that will not adversely affect Council infrastructure or access to municipal infrastructure.  Landscape works must not interfere with vehicle and pedestrian sight distances.
5.	REFERRAL AGENCIES
Not Applicable.
8.	ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority.
General Advisory Notes
Council has undertaken an audit check of the Operational Works drawings in relations to the proposed works.  A detailed check of the calculations and drawings has not been undertaken, as they have been certified by a RPEQ.  The RPEQ bears full responsibility for all aspects of the engineering design.  Council reserves the right to require further amendments and/or additions at a later date should design errors become apparent.
Council reserves the right to call up any performance bond held or levy charges against the property, should emergency works be required to be undertaken by Council to make the work site safe due to inactivity on the development site for extended periods of time.
Should any changes or modifications to the approved plans be required as a result of construction constraints, a “Request to Change an Existing Approval” under the Sustainable Planning Act 2009 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.
Prestart, On and Off Maintenance Inspections Request
Contact Council on 5329 6291 to arrange a prestart or an inspection giving a minimum of 5 business days notice of preferred inspection time.
It should be noted prior to arranging a prestart meeting the Right of Appeal Period of 20 business days should have been passed or the applicant has have confirmed by a letter or an email that he/she has accepted the conditions of Decision Notice and waived his/her appeal right.
If Council officers are required to undertake additional inspections of the same works, a reinspection fee will be applicable in accordance with Council’s Fees and Charges register applicable at the time.
A minimum maintenance period of 12 months will apply to all municipal works (eg public concrete pathway) and thereafter until such time as the works are performing in accordance with the approved design unless notifies otherwise.
General Environmental Advisory Note
The Environmental Protection Act 1994 states that a person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks, construction and landscaping phases of this development are to adhere to their ‘general environmental duty’ to minimise the risk of causing environmental harm.
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that:  “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage.”   It is an offence to fail to comply with the duty of care.  Substantial monetary penalties may apply to individuals or corporations breaching this duty of care.  Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
9.	PROPERTY NOTES
Not Applicable.
11.	FURTHER DEVELOPMENT PERMITS REQUIRED
Development Permit for Building Work
12.	SELF ASSESSABLE CODES
Not Applicable.
15.	RIGHTS OF APPEAL
You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval.  If Council agrees or agrees in part with the representations, a “negotiated decision notice” will be issued.  Only one “negotiated decision notice” may be given.  Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”.
16.	OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.sunshinecoast.qld.gov.au, or at Council Offices.

Yours faithfully

Lisa Pienaar
Development Planner

Enc:	Infrastructure Charge Notice
Approved Plans/Documents
Appeal Rights

Cc:	Unitywater

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009  (Chapter 7).
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & OPERATIONAL WORKS

Division 8 	Appeals to court relating to development applications and approvals

461 	Appeals by applicants
(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 the development application;
(b) 	any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;
(c) 	the decision to give a preliminary approval when a development permit was applied for;
(d) 	the length of a period mentioned in section 341;
(e) 	a deemed refusal of the development application.
(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.

462 	Appeals by submitters—general
(1) 	A submitter for a development application may appeal to the court only against—
(a) 	the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	the part of the approval relating to the assessment manager’s decision under section 327.
(2) 	To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following—
(a) 	the giving of a development approval;
(b) 	any provision of the approval including—
(i) 	a condition of, or lack of condition for, the approval; or
(ii) 	the length of a period mentioned in section 341 for the approval.
(3) 	However, a submitter may not appeal if the submitter—
(a) 	withdraws the submission before the application is decided; or
(b) 	has given the assessment manager a notice under section 339(1)(b)(ii).
(4) 	The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 	Additional and extended appeal rights for submitters for particular development applications
(1) 	This section applies to a development application to which chapter 9, part 7 applies.
(2) 	A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application.
(3) 	However, the submitter may only appeal against a referral agency’s response to the extent it relates to—
(a) 	if the prescribed concurrence agency is the chief executive (environment)—development for an aquacultural ERA; or
(b) 	if the prescribed concurrence agency is the chief executive (fisheries)—development that is—
(i) 	a material change of use of premises for aquaculture; or
(ii) 	operational work that is the removal, damage or destruction of a marine plant.
(4) 	Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment—
(a) 	a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);
(b) 	a referral agency’s response mentioned in subsection (2).

464 	Appeals by advice agency submitters
(1) 	Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.
(2) 	The advice agency may, within the limits of its jurisdiction, appeal to the court about—
(a) 	any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	any part of the approval relating to the assessment manager’s decision under section 327.
(3) 	The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
(4) 	However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 	Appeals about decisions relating to extensions for approvals
(1) 	For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.
(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 under section 383 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.

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 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.

467 	Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency
(1) 	A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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