Appendix A

Page 2

Should you wish to obtain more information about Council's decision, the reports and
staff recommendations and Council Minutes regarding this application are available for
viewing or purchase at the Level 2 counter of Council offices. It would assist Council
staff if you could bring this letter with you.

Yours faithfylly,

   

hane Adamson
MANAGER - LAND USE

Encl: Negotiated Decision Notice

Award Winner - Australian Clean Beach
Challenge 2004 Litter Prevention

Page 3

 

 

INOleNY2Y Form 6 — Negotiated Decision Notice
COUNCIL

 

 

File No: 2004/5763 Date of Decision: 19 April 2007

 

INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION

4. APPLICANT DETAILS
Name: Noosacare Inc.

Postal address: CARE Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS QLD 4567

Phone no: 07 5455 5425 Fax no: 07 5455 5725
2. PROPERTY DESCRIPTION

Street address: 186 Cooroy Noosa Road, Tewantin

Real property Lot 2 RP 177554, County of March, Parish of Tewantin
description:

3. OWNER DETAILS
Name: Noosacare Inc.

Postal address: Carramar Site
186 Cooroy Noosa Road TEWANTIN QLD 4565

4. REFERRAL AGENCIES

Referral Agency Address Basis
Nil

5. APPLICATION TYPE

Development Development Details Preliminary Development
Approval Permit
Material Change of Use Application to Override the Planning Yes No

Scheme for Aged Persons Home
6. DECISION DETAILS
Council on 21 December 2006 decided to approve the application and grant a Preliminary Approval, subject to
conditions.
In relation to representations made by the Applicant, Council on 19 April 2007 decided to:
A. Agree to amend Conditions 1, 2.7, 2.11, 7, 10, 11, 15 & 19.
B. Agree to delete Conditions 2.12 & 5.
Cc. Refuse to Change/Delete Conditions 2.9, 16, 17 & 22 for the following reasons:

Condition 2.9 — Whilst the current Operational Works approval for car parking on the road reserve is
recognised, this parking is not constructed and does not need to be recognised as part of this
development approval. Further, all car parking for the development is required to be on site.

Conditions 16 — The intersection is not strictly a rural environment and a safe right hand turn facility is
required given the traffic on Tewantin Noosa Road, with the existing arrangement not adequate in its
design.

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NOOSA COUNCIL IDAS Development Application Decision Notice 2 of 12

Condition 17 — The applicants previous approach to Council demonstrates a need for a safe pedestrian
facility exists and this can be integrated with the right turn facility.

Condition 22 — As no changes are recommended to conditions 16 & 17, then this condition should remain.
D. Issue a Negotiated Decision Notice.

_ 7. APPLICABLE CODES

The developer must comply with the following codes for self-assessable development related to the development
approved under this Development Permit:-

Not applicable.

8, SUBMISSIONS

Two properly made submissions and one properly made petition. See attached list.
9. CONDITIONS

The approval is subject to conditions. Noosa Council's conditions are attached.

10. FURTHER DEVELOPMENT PERMITS REQUIRED

Type of Development Permit required Subject of the required Development Permit

Development Permit for Material Change of Aged Persons Home

Use

Development Permit for Building Works All building works

Development Permit for Operational Works Landscaping, access, car parking, external roadworks,
stormwater drainage, frontage works and erosion & sediment
control

11. RIGHTS OF APPEAL
Rights of appeal in relation to this application are attached.

12, ASSESSMENT MANAGER

Name: Noosa Council Signature: pin Date: 20 April 2007

DECISION NOTICE HISTORY

¢ Original Decision Notice 21 December 2006.

e Negotiated Decision Notice with amendment to
Conditions 1, 2.7, 2.11, 7, 10, 11, 15 & 19 and
deletion of Conditions 2.12 & 5 on 19 April 2007.

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NOOSA COUNCIL IDAS Development Application Decision Notice 3 of 12

 

  
   

  

WNOlOSYe§ ~=—Noosa Council Conditions
COUNCIL

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 numbered 938 sk.01 Rev No. A prepared by William Berry
Architects and dated 3 April 2007 and Development Code and as may be amended by these conditions.

2, An amended Plan of Development and Development Code shall be submitted to Council prior to any
further development applications being made and shall include the following to the reasonable satisfaction
of the Manager, Land Use:

2.1. Aged Persons Home and Ancillary Features shall be code assessable;

2.2. The child care centre shall be only for the use of staff and visitors to the aged persons home;
2.3. A minimum of 1 car space for every 2 employees shall be provided for the child care centre;
2.4. Amaximum building height of 2 storeys and 8 metres;

2.5. | Amaximum gross floor area of 12,200m‘ in total and site cover of 30%.

2.6. All development shall be located outside the Q100 flood line.

2.7. The requirement that no development is permitted within the setback to the creek.

2.8. All development shall comply with the approved Development Code.

2.9. The car parking shown in the road reserve to Cooroy Noosa Road shall be deleted, with all car
parking required for the development to provided on site.

2.10. A minimum landscape setback of 6 metres shall be provided to all boundaries, apart from existing
development, with existing vegetation retained and reinforced in the setbacks to maintain the
amenity of adjoining residents and a visual screen to Cooroy Noosa Road.

2.11. Noise attenuation measures shall be incorporated into the building design and/or on site to
mitigate traffic noise impacts from Cooroy Noosa Road. The design criteria for the development
shall be 63dB(A)Lio(18hours)

2.12. Deleted.

2.13, All buildings and works shall be sited in a manner that provides for retention of some healthy
groupings of significant trees to the reasonable satisfaction of the Manager, Land Use.

3. 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.

4. 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.

5. Deleted.
6. 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. These landscape plans required

to be submitted are to denote areas of existing vegetation or existing trees proposed or required to be
retained.

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NOOSA COUNCIL IDAS Development Application Decision Notice 4 of 12

7. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must be submitted
for each stage, to secure performance of all conditions of the relative stage approval. This security shall
be submitted prior to the issue of a Development Permit for operational works for each stage. 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.

8. 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.

9. 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.

10. The Preliminary Approval for a material change of use of premises lapses if the use has not happened by
14 April 2013, unless an application to extend the currency is approved by Council.

Land Development
Flooding

11. All buildings proposed on site shall be constructed a minimum of 500mm above the predicted 1 in 100
ARI design storm (Q100) to avoid the risk flooding.

The applicant should note that compliance with these levels does not necessarily require the site to be
filled as an equal result can be achieved by suspending the lower levels of the building as opposed to
filling. To this extent excessive filling should be avoided to prevent any impacts on neighbouring
properties.

Vehicle Access
12, All vehicles shall enter and leave the site in a forward direction.

Carparking
Off Street

13. The carparking area shall be designed to comply with the provisions of AS 2890.1-2004 for user classes 1
& 3 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.

14. — All carparking shall be kept, maintained and line-marked in a condition fit for use.

15. All staff carpark spaces (where designed as user class 1) shall be clearly indicated with the words ‘Staff
Parking Only’ and be sign posting each space with similar wording.

Roadworks Widening

16. The existing intersection at Cooroy Noosa Road shall be upgraded, at no cost to Council, to AUSTROADS
— CHR standard, including median island, separate right hand turn lane, and the necessary pavement
widening prior to the commencement of the next stage. In this regard, plans detailing this work shall be
prepared and submitted to Council for approval prior to obtaining a Development Permit for Operational
Works.

17. | The median island shall contain a pedestrian refuge to enable safe pedestrian access to the bus stop on
the southern side of Cooroy Noosa Road.

In this regard, plans detailing this work shall be prepared and submitted to Council for approval prior to
obtaining a Development Permit for Operational Works.
Frontage Works

11. Footpath improvements such as topsoiling, grassing, and tree planting are required to the Cooroy Noosa
Road frontage of the site in accordance with Planning Scheme Policy PSP01 Landscaping Guidelines.
Grass shall be couch, free of weeds.

18. | Anew 2.0m wide concrete path shall be constructed along the Cooroy Noosa Road frontage of the site in
accordance with Council’s design standards and to an alignment that protects any significant vegetation
or any underground services.

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NOOSA COUNCIL IDAS Development Application Decision Notice 5 of 12

19,

20.

21,

22,

The existing pathway across the frontage east of the bus shelter shall be replaced with a 2.0 metres wide
pathway, including a connecting 2.0m wide pathway to the pedestrian refuge crossing across the road.
Care shall be taken to protect any existing vegetation and/or any underground services.

Pram ramps shall be installed where the pathway crosses the entrance road to the development.

All paths and pram ramps 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.

Appropriate signage for the intersection, pedestrian refuge, and bus stop shall be in accordance with the
Manual of Uniform Traffic Control Devices and Traffic Infrastructure (Roads) Act.

Stormwater Drainage

23.

24.

25.

26,

20:

All stormwater drainage shall be collected on site 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
via new stormwater drainage lines to existing watercourse within the property. 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.

All new stormwater drainage lines must not be connected to existing stormwater drainage line adjacent to
the northern boundary of the property, unless the existing system is upgraded to cater for the catchment it
serves.

Roof runoff from any new building shall be directed to a rainwater storage system or tank (minimum
storage of 12 litres/m? of roof area) that is installed to ensure water from the tank can be used for external
uses (such as watering gardens, irrigation, ornamental ponds, water features, outdoor cleaning, etc) and
for use in flushing of toilets internal to the building. 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 approval and any overflow shall be
directed to existing watercourse within the property.

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.

All site stormwater drainage shall be by means of a gravity system.

Sewer Mains

28. 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.

Town Water Supply

29. 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.

30. The applicant is advised that this development may require the provision of fire hydrants and a booster

pump in accordance with the Building Code of Australia, and consultation may also be needed with
Queensland Fire Services to ensure suitable fire fighting infrastructure is provided. To this end any
necessary fire hydrants shall be clearly shown on the plans submitted for both Operational Works and
Building Works approval and if a booster pump is deemed necessary, the plans shall indicate where the
fire truck is to be accommodated in order to provide boosting to the water supply

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NOOSA COUNCIL IDAS Development Application Decision Notice 6 of 12

Earthworks

31.

Should filling works be required for building footprints then they shall be carried out in accordance with
Section 3.8 of Council’s Engineering Design Standards Manual and so as not to cause the additional
ponding of water on any adjoining lands or the blockage of, or interference with, any natural watercourses.
Detailed site surveys indicating natural surface levels and contours of the adjoining properties must be
provided with the application for a Development Permit for Operational Works for Filling and Drainage.

This may require the design and construction of drainage pipes and/or an overland flow-path within the
development site that caters for drainage from the adjoining sites for a design storm with an Average
Recurrence Interval of 1 in 100 years. A private easement for the Drainage of Water encompassing the
drainage pipes or overland flow-path will also be required. In this regard a Development Permit for
Operational Works shall be obtained.

Should evidence be provided to Council indicating that no additional ponding of stormwater will occur on
the adjoining properties the requirement for the drainage pipes, overland flow-path and easement shall
not apply.

Acid Sulfate Soils

32.

As the site is located below the 20m AHD and above the 5m AHD, any excavation works consisting of
100m* or greater which extends below 5m AHD will need to be carried out in accordance with State
Planning Policy 2/02 Planning and Managing Development Involving Acid Sulfate Soils. In this regard
appropriate testing and supporting documentation prepared by a suitably qualified specialist shall be

submitted to Council for approval prior to obtaining a Development Permit for Operational Works.

Erosion and Sediment Control

33.

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.

General

34.

35.

36.

37.

38.

39.

40.

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. 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.

Digital detailed design drawings and calculations shall be submitted with any application for a
Development Permit for Operational Works in respect of roadworks and stormwater drainage works. The
design shall be in accordance with Council's Planning Scheme Policy PSP05 — Engineering Design
Standards — Roads, Drainage and Earthworks. To avoid conflict with underground pipes or services, all
existing and proposed services required by the development shall be shown on the plans.

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).

Any damage caused to any public utility during the course of construction shall be repaired to Council's
standards and at no cost to Council.

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.

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.

As Constructed drawings and data shall be certified by a qualified experienced Civil Engineer for design
intent, and a Licensed Surveyor shall certify the cadastre and the location, level and type of all services
and structures. All of which shall be submitted to Council for checking and for Council’s records.

The data must fully detail levels for all engineering works including but not limited to drainage structures,
finished ground levels and pavement surface levels. The data shall be submitted in the Asset Design and
As Constructed (ADAC) digital format. (Guidelines on the use of ADAC are available at
www.adac.com.au).

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NOOSA COUNCIL IDAS Development Application Decision Notice 7 of 12

Approval of works shall not be granted until all As Constructed information has been supplied and
accepted by Council.

Environmental Health

41.

42,

43.

44,

45.

46.

The developer must provide waste storage and disposal facilities in accordance with Planning Scheme
Policy No. 9 “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. A bin wash down area is required with a cold-
water tap, hose and drain outlet connected to sewer. The drain outlet is to be designed to prevent storm
water entry to the sewerage system and this can be achieved with a nib wall 50mm high and 700mm x
700mm wide, or alternatively the waste area can be roofed.

Refuse containers must be provided in accordance with the requirements of the Environmental Protection
(Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for the storage and
collection of refuse.

A clinical waste service provided by a licensed clinical waste contractor must be provided for the activities.

The development must allow refuse-loading areas to be located off street. All vehicles associated with the
collection of waste/recyclables, shall enter and leave the site in a forward direction.

A Waste Management Plan (Operational) in accordance with Planning Scheme Policy No. 9 “Waste
Management Multi-Dwellings and Commercial and Industrial Premises”, must be submitted for the day-to-
day operation of the development and approved by Council's Health Section prior to issue of development
permit for operational works.

It is critical that waste areas are properly planned. A copy of Planning Scheme Policy No. 9 explaining
exactly how to predict waste quantities and design waste areas is available from Council and the web.
The Plan shall include the following information: -

° The types of waste that will be generated from the activities approved within the development.

° Estimated volumes or tonnage of both recyclables and waste generated.

° Methods to be used for dealing with garden waste.

° Initiatives to minimize waste either by waste prevention, reduction, re-use or recycling.

° Description of procedures for getting all waste to the bins; the storage of bins and the collection of

bins by the contractor.

° A description of the design details of waste storage and recycling areas including size, location,
elevation and floor plan, methods of bin washing and system to prevent storm water getting into
sewer via the bin wash.

° A description of types and volume of waste storage containers to be used.

° The waste and recycling storage area shall include the provision of containers for all waste and
recycling materials including putresable matter, non-recycling waste, Paper/ cardboard, glass,
aluminium/steel cans, waste oil, styrofoam boxes, etc, and bin washing facilities connected to
sewer.

° A detailed description of vehicular access to collect waste. Where collection is off street, access
must allow vehicles to enter and leave the site in a forward direction.

Noise emission from mechanical equipment (air conditioners, refrigeration equipment or pool pumps etc)
shall comply with the following requirements:

46.1. 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.

46.2. Aperson must not use equipment on any day if it makes or causes noise to be made —

46.3. From 10pm to 7am: More than the lower of either —

° 40 dB(A)
° 3 dB(A) above the background noise level

46.4. From 7am to 7pm: More than the lower of either —
° 50 dB(A)

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NOOSA COUNCIL IDAS Development Application Decision Notice 8 of 12

. 5 dB(A) above the background noise level

46.5. From 7pm to 10pm: More than 3 dB(A) above the background noise level.

47. Submission of written certification from a suitably qualified person confirming that the noise levels from all
mechanical equipment comply with the cause above when measured at either the residential boundary or
outside the most exposed part of an affected building, whichever is the closest to the equipment.

48. 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. This assessment must take into
account noise from any other fixed equipment on the property e.g. swimming pool pump, heating/cooling
equipment, etc that may increase the overall noise level emitted.

It is highly recommended that the person you engage to certify the installation is involved at the plan
development stage so they can recommend where this equipment is best located. They can also advise
about noise enclosures and can make other suggestions to avoid noise problems. It is a lot more costly
to try and deal with noise problems after everything is built.

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NOOSA COUNCIL IDAS Development Application Decision Notice 9 of 12

mi

SINGIN Local Laws, Policies & State
mom COUNCIL Regulation Requirements

ts

 

 

INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

THE FOLLOWING ADVICES ARE FOR INFORMATION PURPOSES ONLY AND DO NOT FORM

CONDITIONS OF APPROVAL

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 / Existing Quantity Approved Use Class / Approved Quantity
Use Use
Aged persons home 110 beds Aged persons home 290 additional beds

 

 

 

The applicant is informed that payment of the following Infrastructure Charge and contribution amounts as
at June 2006 have been waived in accordance with Council's Policy for Rate Rebates and Waiver of Fees
for Community Organisations: - Charitable Organisation (non profit) wholly within Noosa Shire.

 

 

 

 

 

Infrastructure Charge or Planning Scheme Policy: Amount: .
Council's Coastal Major Road Network Infrastructure Charges Plan $ 81,388
Council's Planning Scheme Policy PSP24 Park Requirements for Development $ 56,701
Applications ,
Council's Planning Scheme Policies PSP28 Water Supply Headworks $279,904

Contributions

 

Council's Planning Scheme Policies PSP30 Sewerage Headworks Contributions $ 785,826

 

Council’s Planning Scheme Policy PSP41 Pathway Trunk Network Contributions $ 57,281

 

 

 

 

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.

We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their responsibilities under the
Disability Discrimination Act (DDA) in regard to the installation of disabled access and the provision of
disabled facilities, and that access to this building and the provision of sanitary facilities may need to
comply with the requirements of Section D Part D3 and Section F Clause F2.4 of the Building Code of
Australia.

The development should 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, air-borne
hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance
with the nuisance provisions of the Environmental Protection Regulation 1998 or Council's Local Law No.
12 — Control of Nuisances.

All refrigeration plant including motors, should be situated within the building or suitably provided with
noise reduction measures and located as to prevent a noise nuisance in accordance with the nuisance
provisions of the Environmental Protection Regulation 1998. On the spot fines apply for such offences.

Noise from building works associated with commercial and or industrial development should comply with
the following —

a. Limited to between 7:00am to 6:30pm Monday to Saturday.
b. All reasonable measures are taken to minimise noise emissions.
c. Not permitted on Sunday or public holidays.

In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement,
concrete, builder's waste or rubbish should not be permitted to enter or be placed where it could
reasonably be expected to move into a roadside gutter, storm water drain or a watercourse. On the spot
fines apply for such offences.

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NOOSA COUNCIL IDAS Development Application Decision Notice 10 of 12

 

   

 

BORINGSIN List of Submitters
mo COUNCIL INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

Noela Summers PO Box 1074 TEWANTIN QLD 4565
Fay & Mick Bagnato 14 Lomandra Place NOOSA PARKLANDS QLD 4565
Lorrae Sudrajat Principal Petitioner 11 Spey Court TEWANTIN QLD 4565

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NOOSA COUNCIL IDAS Development Application Decision Notice

11 of 12

 

 

 

 

The following ‘is an extract from the Integrated
Planning Act (Chapter 4).

Division 8 - Appeals to court relating to
development applications

Appeals by applicants

4.1.27.(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 section 3.1.6;'

(c) the decision to give a preliminary approval when a
development permit was applied for;

(d) the length of a currency period;
(e) a deemed refusal.

(2) An appeal under subsection (1)(a) to (d) must
be started within 20 business days (the “applicant’s
appeal period”) after the day the decision notice or
negotiated decision notice is 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.

Appeals by submitters

4.1.28.(1) A submitter for a development application
may appeal to the court about-

(a) the giving of a development approval, including
any conditions (or lack of conditions) or other
provisions of the approval; or

(b) the length of a currency period for the approval.

(2) The appeal must be started within 20 business
days (the “submitters appeal period”) after the day
the decision notice or negotiated decision notice is
given to the submitter.

(3) If a person withdraws a submission before the
application is decided, the person may not appeal the
decision.

(4) If an application involves both impact
assessment and code assessment, appeal rights for
submitters are available only for the part of the
application involving impact assessment.

(5) If an application is processed under section
6.1.28(2), appeal rights for submitters for the
application are available only for the aspects of the
development that would have required public
notification under the repealed Act.

' Section 3.1.6 (Preliminary approval may override local planning

instrument)

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(INCI Appeal Rights
oy estore

INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

(6) If an application involves assessment against
a concurrence agency code, appeal rights for
submitters for the application are not available
against the part of the approval that represents the
concurrence agency's response for the code.

Appeals by advice agency submitters

4.1.29.(1) An advice agency may, within the limits of
its jurisdiction, appeal to the court about the giving of
a development approval for a development
application if-

(a) the development application involves impact
assessment; and

(b) the advice agency told the applicant and the
assessment manager to treat its response to the
application as a submission for an appeal.

(2) 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.

Appeals for matters arising after approval given
(co-respondents)

4.1.30.(1) For a development approval given for a
development application, a person to whom any of
the following notices have been given may appeal to
the court against the decision in the notice-

(a) a notice giving a decision on a request for
extension of the currency period for an approval;

(b) a notice giving a decision on a request to make a
minor change to an 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) Subsection (1)(a) does not apply if the
approval resulted from a development application
(superseded planning scheme) that was assessed as
if it were an application under a superseded planning
scheme.

(4) Also, a person who has made a request
mentioned in subsection (1) may appeal to the court
against a deemed refusal of the request.

(5) An appeal under subsection (4) may be
started at any time after the last day the decision on
the matter should have been made.

Division 9 - Appeals to court about other matters

Appeals for matters arising after approval given
(no co-respondents)

4.1.31.(1) A person to whom any of the following
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.

Page 14

NOOSA COUNCIL IDAS Development Application Decision Notice 12 of 12

(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)

SEP c:\datawrks\temp\1612970\04 05763.doc

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