Development Application - Part 1 of 2 - Covering Letter, Decision Notice and IDAS Forms 1 & 6 - OPW13/0142

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 NOOSA COUNCIL IDAS Development Application Decision Notice                                                                             70fB




                                                                Appeal Rights
                                                                INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

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   rTh- -i llo;ing -is               an       extract from      the   Jnte.(Jra~edr            (6) If an pplication involves assessment against
   I   Planning Act (Chapter4),                                                        ’

        -,--    .-
                     .....’.----,...._.__.~     -   -     --
                                                               __.    ._      .____,
                                                                                           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 ~dvice 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 refus’al.                                                               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 "apJ:)licant’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 fol,lowing 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 n approval.

    (a)the giving of a development approval, including                                        (2)The app al 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 approvalj or                                                      to the person.

    (b)the length of a currency period for the approval.                                         (3)Subsection (1lea) does not apply if the
                                                                                           approval resulted from a development applic~tion
           (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
    decision.
                                                                                           agarnst a deemed refusal of the request.
                                                                                               (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 as’Sessment, appeal rights for
                                                                                           the matter should have been made.
   submitters           are       available
                               only for the part of th
   application involving impact assessment.                                                Division 9   -
                                                                                                            Appeals to court about other matters
       (5) If an application is processed under. section                                   Appeals for’matters adsing after approval given
   6.1.28(2), appeal rights for submitters for the                                         (1i0 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 repepled Act.                                                    notices have ben 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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