Approval Package · 132000.200186.1

NOOSA COUNCIL IDAS Development Application Decision Notice                                                                         4




                                                     Appeal Rights
                                                     INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

    The following is an extract from the Integrated                           (6) If an application involves assessment against
    Planning Act (Chapter 4).                                              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 advice 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
        under section 3.1.6;1                                                  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 refusal.                                                  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 “applicant’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 following 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 an approval.
    (a) the giving of a development approval, including                        (2) The appeal 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 approval; or                                     to the person.
    (b) the length of a currency period for the approval.                        (3) Subsection (1)(a) does not apply if the
        (2) The appeal must be started within 20 business                  approval resulted from a development application
                                                                           (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
                                                                           against a deemed refusal of the request.
    decision.
                                                                               (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 assessment, appeal rights for
                                                                           the matter should have been made.
    submitters are available only for the part of the
    application involving impact assessment.                               Division 9 - Appeals to court about other matters
        (5) If an application is processed under section                   Appeals for matters arising after approval given
    6.1.28(2), appeal rights for submitters for the                        (no 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 repealed Act.                                   notices have been given may appeal to the court
                                                                           against the decision in the notice-
    1    Section 3.1.6 (Preliminary approval may override local planning   (a) a notice giving a decision on a request to change
        instrument)                                                            or cancel a condition of a development approval.


SEP o:\database\onestop\decision.doc                                                   14/04/22