Attachment 2 - Negotiated Decision Notice MCU16-0130

Noosa Council documents




                                                                                                                                 MCU16/0130



                                                                Appeal Rights
                                                                SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                                                REGULATION 2009




               The following is an extract from the Sustainable Planning Act       (1)   This section applies to a development application to
               2009 (Chapter 7).                                                         which chapter 9, part 7 applies.
                                                                                   (2)   A submitter of a properly made submission for the
               MATERIAL CHANGE OF USE, RECONFIGURING A LOT &                             application may appeal to the court about a referral
               OPERATIONAL WORKS                                                         agency’s response made by a prescribed concurrence
                                                                                         agency for the application.
               Division 8           Appeals   to       court    relating  to       (3)   However, the submitter may only appeal against a
                                    development         applications     and             referral agency’s response to the extent it relates to—
                                    approvals                                            (a) if the prescribed concurrence agency is the chief
                                                                                               executive (environment)—development for an
               461     Appeals by applicants                                                   aquacultural ERA; or
               (1)     An applicant for a development application may appeal             (b) if the prescribed concurrence agency is the chief
                       to the court against any of the following—                              executive (fisheries)—development that is—
                       (a) the refusal, or the refusal in part, of the                         (i) a material change of use of premises for
                             development application;                                                aquaculture; or
                       (b) any condition of a development approval, another                    (ii) operational work that is the removal, damage
                             matter stated in a development approval and the                         or destruction of a marine plant.
                             identification or inclusion of a code under section   (4)   Despite section 462(1), the submitter may appeal
                             242;                                                        against the following matters for the application even if
                       (c) the decision to give a preliminary approval when a            the matters relate to code assessment—
                             development permit was applied for;                         (a) a decision about a matter mentioned in section
                       (d) the length of a period mentioned in section 341;                    462(2) if it is a decision of the chief executive
                       (e) a deemed refusal of the development application.                    (fisheries);
               (2)     An appeal under subsection (1)(a), (b), (c) or (d) must           (b) a referral agency’s response mentioned in
                       be started within 20 business days (the applicant’s                     subsection (2).
                       appeal period) after—
                       (a) if a decision notice or negotiated decision notice      464 Appeals by advice agency submitters
                             is given—the day the decision notice or               (1) Subsection (2) applies if an advice agency, in its
                             negotiated decision notice is given to the                response for an application, told the assessment
                             applicant; or                                             manager to treat the response as a properly made
                       (b) otherwise—the day a decision notice was                     submission.
                             required to be given to the applicant.                (2) The advice agency may, within the limits of its
               (3)     An appeal under subsection (1)(e) may be started at             jurisdiction, appeal to the court about—
                       any time after the last day a decision on the matter            (a) any part of the approval relating to the assessment
                       should have been made.                                                manager’s decision about any part of the
                                                                                             application requiring impact assessment under
               462     Appeals by submitters—general                                         section 314; or
               (1)     A submitter for a development application may appeal            (b) any part of the approval relating to the assessment
                       to the court only against—                                            manager’s decision under section 327.
                        (a) the part of the approval relating to the               (3) The appeal must be started within 20 business days
                             assessment manager’s decision about any part of           after the day the decision notice or negotiated decision
                             the application requiring impact assessment               notice is given to the advice agency as a submitter.
                             under section 314; or                                 (4) However, if the advice agency has given the
                        (b) the part of the approval relating to the                   assessment manager a notice under section
                             assessment manager’s decision under section               339(1)(b)(ii), the advice agency may not appeal the
                             327.                                                      decision.
               (2)      To the extent an appeal may be made under
                        subsection (1), the appeal may be against 1 or more of     465 Appeals about decisions relating to extensions for
                        the following—                                                 approvals
                       (a) the giving of a development approval;                   (1) For a development approval given for a development
                       (b) any provision of the approval including—                    application, a person to whom a notice is given under
                             (i) a condition of, or lack of condition for, the         section 389, other than a notice for a decision under
                                  approval; or                                         section 386(2), may appeal to the court against the
                             (ii) the length of a period mentioned in section          decision in the notice.
                                  341 for the approval.                            (2) The appeal must be started within 20 business days
               (3)     However, a submitter may not appeal if the submitter—           after the day the notice of the decision is given to the
                       (a) withdraws the submission before the application             person.
                             is decided; or                                        (3) Also, a person who has made a request under section
                       (b) has given the assessment manager a notice                   383 may appeal to the court against a deemed refusal of
                             under section 339(1)(b)(ii).                              the request.
               (4)   The appeal must be started within 20 business days (the       (4) An appeal under subsection (3) may be started at any
                     submitter’s appeal period) after the decision notice or           time after the last day the decision on the matter should
                     negotiated decision notice is given to the submitter.             have been made.

               463 Additional and extended appeal rights for submitters            466 Appeals about decisions relating to permissible
                   for particular development applications                             changes

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Document Set ID: 20586157
Version: 6, Version Date: 24/05/2018                                                                                           Print Date: 24 May 2018, 11:22 AM