Council archive · source document
SUPERSEDED - Decision Notice - Concurrence Agency - EPA [As Published] · 142008.383
Officer: Denis Wallace
Direct Telephone: (07) 5449 5179
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 2008/383
Your Reference: MCY 1958
22 April 2009
Environmental Protection Agency
Ecoaccess Customer Service Unit
PO Box 15155
CITY EAST QLD 4002
Dear Sir
Decision Notice
Integrated Planning Act 1997
It has come to Councils attention that a copy of this Decision Notice was not forwarded to your
Department at the time of the decision. We apologise for this oversight.
Your Department was a referral agency for the above application and provided a response to Council
in a letter dated 17 December 2008. On 8 January 2009, Council decided to approve the application
in full subject to conditions.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: 2008/383
Street address: Claude Batten Drive & Haul Road Noosa Heads
Real property description: LOT: 114 MCH: 839107, LOT: 115 MCH: 839107
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
The following type of approval has been issued:
Development Permit for Operational Works - Prescribed Tidal Works - Access Jetty; Coastal
Development Pumping facility
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
4 ASSESSMENT MANAGER CONDITIONS
1. 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 and as
may be amended by these conditions and annotations made to the plans: -
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2008/383
Plan / Rev. Plan / Document Name Date
Document No.
33020-0-01 D Pump Station G.A. Sh 1 of 2 4 August 2008
33020-0-02 C Pump Station Elevations. Sh 2 of 2 4 August 2008
33020-0-03 D Pump Station Site Plan 2 August 2008
33020-0-04 C Sea Water Supply Pump Station G.A. 3 August 2008
33020-0-05 B Sea Water System Site Plan 3 March 2008
33020-8-01 E Transfer Pipeline Alignment 2 August 2008
and as may be amended by these conditions.
2. Suitable signage shall be placed at the perimeter of the work areas advising that the area is
not accessible for members of the public. The signs shall be placed prior to construction works
commencing and permanently affixed to the inlet jetty and pump station upon completion of
the works. The design of the signs shall be approved by Council’s Manager – Works Planning
prior to the erection of the signs.
3. 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.
4. The clearing or disturbance of existing vegetation shall be limited to the proposed works area
and any necessary access ways extending from the existing road formation to the works area.
5. Any areas of removed or disturbed vegetation remaining after the works shall be replaced with
suitable local native vegetation approved by Council. The revegetation shall be carried out in
accordance with Council’s Planning Scheme Policy No 3 Landscaping Plants & Guidelines.
6. 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.
7. Certification by a Registered Professional Engineer of Queensland shall be submitted to
Council stating that the works have been constructed in accordance with best practice
methods, is in accordance with Coastal Protection and Management Act 1995 (specifically the
engineering previsions of the Coastal Protection and Other Legislation Amendment Regulation
(No.1) 2005, Schedule 4A – IDAS Code for development applications for prescribed tidal
work) and is structurally sound.
8. This approval or its conditions do not constitute a ruling on structural safety and the applicant
must make their own arrangements to ensure adequacy of design and work. Furthermore, the
approval does not warrant that associated plans and specifications have been checked in
detail, nor does it absolve the owner of the land from complying with all the conditions of this
approval and/or relevant Council By-Laws and Policies and/or relevant statutes and/or
statutory regulations in the execution and/or performance of the works. The Council does not
accept any responsibility for the accuracy of any plans and specifications as approved.
9. The Development Permit for a Operational Works lapses if the use has not happened by 9
January 2011, unless an application to extend the currency is approved by Council.
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
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2008/383
Referral Trigger Referral Status Referral Agency Referral Address
Tidal work that is Concurrence Environmental Ecoaccess Customer
prescribed tidal work Protection Agency Service Unit,
other than in a canal PO Box 15155, CITY EAST
QLD 4002
Tidal work that is Concurrence Queensland MacArthur Avenue East
prescribed tidal work Transport – PINKENBA Qld 4008
Maritime Services
Qld
A copy of any referral agency conditions is attached.
6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following
table:
Plan / Document No. Rev. Plan / Document Name Date
33020-0-01 D Pump Station G.A. Sh 1 of 2 4 August 2008
33020-0-02 C Pump Station Elevations. Sh 2 of 2 4 August 2008
33020-0-03 D Pump Station Site Plan 2 August 2008
33020-0-04 C Sea Water Supply Pump Station G.A. 3 August 2008
33020-0-05 B Sea Water System Site Plan 3 March 2008
33020-8-01 E Transfer Pipeline Alignment 2 August 2008
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. Should any changes or modifications to the approved plans be required as a result of
construction constraints, a Change to an Existing Approval Application under the Integrated
Planning Act must be made. Amended plans clearly indicating the changes must be lodged
with this application along with the appropriate fees
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 (ACH Act).
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 ACH 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.
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2008/383
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.
8 PROPERTY NOTES
Not applicable.
9 PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable.
10 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Not applicable.
11 SELF ASSESSABLE CODES
Not applicable
12 SUBMISSIONS
Not applicable.
13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable.
14 RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Integrated Planning Act 1997 is attached.
During the appeal period, you as the applicant may make written representations to Council about
the conditions contained within the development approval. If Council agrees or part agrees 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 continue after Council makes
its decision. (Refer to sections 3.5.17 and 3.5.18 of the Integrated Planning Act 1997).
15 OTHER DETAILS
Should 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,
Denis Wallace
SENIOR PLANNING OFFICER
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Referral Agency Conditions –
Queensland Transport (Maritime
Safety)
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
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2008/383 Page 6 of 15 [OCR of page images] 2008/383 7. You, or your agent, must remove any obstructions and debris encountered during construction, and dispose of them, as the Harbour Master requires. 8. Any ships and equipment you or your agent use must comply with the Transport Operations (Marine Safety) Act 1994, the Transport Operations (Marine Safety) Regulation 2004 and the Transport Operations (Marine Pollution) Act 1995, 9. This facility is not to be used for the mooring of vessels. 10. Any ships, plant or equipment that deploy anchors in open waters, and in and near shipping channels must have the anchors marked with yellow buoys and fitted with F1 Yellow lights. 41. The contractor must complete construction within two years from the date of approval. If construction is not completed, you will need additional or amended-comments from the Regional Harbour Master. Maritime Safety Queensland does not need to be further consulted if all of the above conditions are met. The above conditions must be included in your application to the assessment manager. eof Yours sincerely a Captain Richard C Johnson Regional Harbour Master (Brisbane) Maritime Safety Queensland Page 2 of 2 Page 6 of 15
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Referral Agency Conditions –
Environmental Protection Agency
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
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2008/383 Page 8 of 15 [OCR of page images] 2008/383 Concurrence Agency Response EPA Permit number: _1PCC01117608 Additional information for the assessment manager The Environmental Protection Agency referral agency jurisdiction for the development application is confined to that aspect of the application involving the triggers identified in the response. EPA has no referral agency jurisdiction in relation to other aspects of the development application. In this regard it should be noted that the State Coastal Management Plan 2001 and SEQ Regional Coastal Management Plan 2006 which, for the purposes of making a statutory decision, has the same effect as a state planning policy. The assessment manager is required to give due consideration to the relevant State planning policies when deciding the application. Additional information for applicants This approval is to be utilised concurrently with the most current development approval issued for dredging works associated with the sand shifting facility at Noosa Beach (IPDE01113208). Reference should be made to the conditions of the dredging approval when undertaking operational works associated with the sand shifting activity. It is a requirement of the Environmental Protection Act 1994 that if the owner or occupier of this site becomes aware a Notifiable Activity (as defined under Schedule 2 of the Environmental Protection Act 1994) is being carried out on this iand or that the land has been affected by a hazardous contaminant, they must, within twenty two (22) business days after becoming aware the activity is being carried out, give notice to the Environmental Protection Agency. A list of Notifiable Activities is provided within Schedule 2 of the Environmental Protection Act 1994. This concurrence response pursuant to the integrated Planning Act 1997 and assessed against section 104 of the Coastal Protection and Management Act 1995 does not remove the need to obtain any further approvals for this development which may be required pursuant to this or other legislation, both State and Commonwealth. Applicants are advised to check with all relevant statutory authorities for such approvals as may be required. Contaminated Land Itis a requirement of the Environmental Protection Act 1994 that if an owner or occupier of land becomes aware a Notifiable Activity (as defined by Schedule 2 of the Environmental Protection Act 1994) is being carried out on the land or that the land has been affected by a hazardous contaminant, they must, within 30 days after becoming so aware, give notice to the Environmental Protection Agency. ZL beck Rod Kent Delegate Environmental Protection Agency 17-DEC-2008 Page 2 of 7 Environmental Protection Agency « Page 8 of 15
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2008/383 Page 9 of 15 [OCR of page images] 2008/383 Concurrence Agency Response EPA Permit number: _1PCC01117608 .Response to Development Application The EPA, acting as a concurrence agency under the Integrated Planning Act 1997, provides its response to the application (detailed above). The condition(s) listed below must attach to any approval for the development. Conditions: Agency Interest: General 1, The works must be undertaken in accordance with the plans listed below. Plans: e Go ma 6 pe er et : oo Drawing Number Prepared by . Date 33020-8-01 E Lex Nankervis 02/08/2008 33020-0-03 D Lex Nankervis 02/08/2008 33020-0-04 C Lex Nankervis 03/08/2008 33020-0-05 B Lex Nankervis 03/08/2008 | 33020-0-01 D Lex Nankervis 04/08/2008 33020-0-02 C Lex Nankervis 04/08/2008 33020-6-03 A Lex Nankervis 11/07/2007 33020-6-02 B Lex Nankervis 24/10/2007 33020-6-01 B Lex Nankervis 22/10/2007 33020-5-01 A Lex Nankervis 22/06/2007 2. The sand shifting activity and/or associated activities must not cause any disturbance to any items of cultural heritage in the area. If any items of cultural heritage are discovered during construction or operation, works must cease immediately and the appropriate authorities must be notified. 3. The Sunshine Coast Regional Council must ensure that all appropriate measures are taken to prevent pollution as a result of silt runoff, oil and grease spills from machinery, concrete truck washout and alike. Concrete agitator wash out shall only be conducted in a specified area to facilitate the removal of waste concrete from the area to landfill. Wastewater from cleaning equipment shall not be discharged directly or in-directly to any waters. 4. Your attention is drawn to the provisions of the Environmental Protection Act 1994 and the general environmental duty of care not to pollute the environment or create a contaminated site when undertaking works. Page 3 of 7 co , Environmental Protection Agency 9 Page 9 of 15
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2008/383 Page 10 of 15 [OCR of page images] 2008/383 Concurrence Agency Response EPA Permit number: _IPCC01117608 Agency Interest: Coastal Sand Shifting Activity 5. 6. 40. 41. 12. 14. 15. The sand shifting activity and/or associated activities must not cause adverse impacts on the natural coastal processes of the region. Amaximum volume of 60,000m3 of sand may be removed from the borrowed areas within any twelve (12) month period, provided it is consistent with the net natural littoral drift rates and does not affect the other approval conditions. Sand is to be only extracted from area labelied ‘Area of Sand Extraction’ and only deposited in area labelled ‘Area of Sand deposition’ as shown in Figure 1 (Drawing 33020-8-01 E). While the sand shifter can be operated anywhere within the 200m x 55m area depicted east of the river mouth training wall, its location shall always be sufficiently seaward to provide sufficient beach width so as not to have detrimental impacts on the duné and vegetation system. The sand shifter is not to cause any long term recession of the beach profile. No sand is to be removed from the coastal dune system. No sand shall be permanently removed from the active beach system. The sand shifting activity and/or associated activities must not result in changes to hydrodynamics, tidal prism and tidal regime of the Noosa River. All practical and reasonable measures must be taken to prevent the occurrence of by-catch associated with the operation of the sand shifting activity and/or associated activities. The sand shifter is not to operate below a depth of 8 metres below the natural surface profile or the depth required to maintain stability of the Noosa River Training wall (whichever is the lesser). Sand shall be placed uniformly along the section of beach to be nourished using the discharge outlets available and in accordance with the specified plans. All deposited sand shail be clean and free of silt, clay, organic material or any other deleterious substance and must be of a grain size compatible with the existing beach sand Acid Sulfate Soils 16. 17 18. For all works within the Noosa Estuary that may potentially expose acid sulphate soils, an acid sulfate soil investigation must be performed in accordance with the QASSIT Guidelines (Ahern C.R., Ahern M.R. and Powell B., 1998, Guidelines for Sampling and Analysis of Lowiand Acid Sulfate Sails (ASS) in Queensland 1998, Queensland Department of Natural Resources and Mines) or subsequent versions thereof, prior to commencing the construction works. Construction and operation of the sand shifting facility must comply with the fatest edition of the Environmental Protection Agency’s instructions for the Treatment and Management of Acid Sulfate Soils, 2001. Acid sulfate soils must be managed such that contaminants are not directly or indirectly released, as a result of the construction and operation of the sand shifting activity and/or associated activities, to any waters or the bed and banks of any waters. Vegetation and Dune Stability 19. All works must be undertaken in a manner that minimises damage to the vegetation adjacent to the site 20. The width of clearing of the vegetation for access and construction works is to be minimised and mature trees are to be retained where possible by minor realignment of the works. Page 4 of 7 Environmental Protection Agency Page 10 of 15
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2008/383 Page 11 of 15 [OCR of page images] 2008/383 Concurrence Agency Response EPA Permit number: _IPCC01117608 21. All organically enriched sand removed from the top layer (topsoil) within the proposed development areas must be stockpiled separately prior to excavation, and respread over the development area after re- profiling as part of the revegetation works. . 22. Allareas of exposed sand are to be stabilised against wind erosion during the construction period. 23. Al material excavated from a dunal system for construction works must be placed, ievelled and stabilised against wind erosion on the seaward side of the building or structure. 24. Any erosion or loss of sand surrounding the works that occurs because of changes caused by the works must be rectified. 25. Immediately following construction of the works: «The dunal areas are to be re-profiled to achieve the natural profile of the system; « Disturbed areas are to be stabilised against wind erosion and rainwater run-off erosion and revegetated through the re-establishment of the endemic native plants common to the site; « - The revegetated area is to be fenced off where necessary to prevent pedestrian access across the area; and « Riparian vegetation is to be re-instated adjacent to the access jetty where existing vegetation is disturbed ang.where existing pump infrastructure is removed. 26. The drainage of process overflow waters and stormwater associated with the sand shifter pumping station must not cause erosion of the dune or beach system. Site Access 27. Access to the permanent pumping station site shall be along the designated vehicle access track, and the surrounding dunal vegetation must be maintained to the satisfaction of the Environmental Protection Agency. oe, eee en Coastal Management 28. The sand shifting activity and/or associated activities must not cause any long-term maintenance and management implications Erosion Prone Areas and Coastal Hazards 29. The Sunshine Coast Regional Council shall be responsible for the removal of the works, if in the opinion > of the Environmental, Protection Agency, the works causes unacceptable adverse effects or suffers the effects of erosion to the extent that it becomes a danger to the public. 30. Should the sand shifting facility and associated infrastructure be damaged as a result of sea erosion the Sunshine Coast Regional Council shall be responsible for the removal of all debris from the beach. 31. In the event of damage or loss by of the works by sea erosion, the Sunshine Coast Regional Council must submit another application if reconstruction of the works is proposed. 32. Awritten undertaking from the Sunshine Coast Regional Council is to be received by the Environmental Protection Agency agreeing that the works will be considered to be an expendable structure and that no protection works, other than beach nourishment will be carried out in the event of an erosion threat. Page 5 of 7 . Environmental Protection Agency Page 11 of 15
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2008/383 Page 12 of 15 [OCR of page images] 2008/383 Concurrence Agency Response EPA Permit number: _IPCC01117608 Monitoring 33, 34. 35. 36. 37. The Sunshine Coast Regional Council is to develop a Sand Shifting Management Plan which details the operational and monitoring strategies consistent with the conditions of this approval. The Plan shall include a monitoring strategy for ensuring that the pumping regime is consistent with the natural net littoral drift rates.. As a minimum, the plan should Include monthly monitoting of the vagetation line. Details of the quantity of sand recycled are to be sent to the Environmental Protection Agency on a monthly basis. Within 12 months of establishment and at 5 yearly intervals or sooner if the Environmental Protection Agency has reasonable concerns that the local or regional natural coastal processes are being adversely affected, a program of research must be undertaken to determine the long-term impacts of the sand Shifting operation on the depositional characteristics of Noosa Estuary. In particular, the Environmental Protection Agency seeks to determine whether the operation of the sand shifting facility within the active system undermines the supply of sediment to the estuary. The Environmental Protection Agency must be consulted in the development of the research program. Recording of any faunal by-catch associated with the sand shifting activity must be undertaken on a daily basis during days of operation. Records of by-catch must be provided to the Environmental Protection Agency bi-annually for the first year of operation. Beach and dune profiling is to be undertaken every 6 months for the first 5 years and annually thereafter from the sand extraction area at Noosa Spit Beach to the sand deposition area at Noosa Main Beach. One profiling event must be a detailed survey (survey intervals of <50m) and include profiling of the surf zone (minimum 5m water depth). The other profiling event must include 4 profiles of the beach zone (two. at Noosa Spit Beach and two at Noosa Main Beach). Both surveys must be provided to the Environmental Protection Agency upon completion. Page 6 of 7 Environmental Protection Agency Page 12 of 15
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[OCR of page images]
2008/383
Concurrence Agency Response
EPA Permit number: _1PCC01117608
Figure 1: Drawing 33020-8-01 E (Areas of sand extraction and deposition).
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END OF CONDITIONS
Page 7 of 7 Environmental Protection Agency
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2008/383
Appeal Rights
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
The following is an extract from the Integrated
(6) If an application involves assessment against a
Planning Act (Chapter 4). concurrence agency code, appeal rights for submitters
Division 8 - Appeals to court relating to for the application are not available against the part of
development applications the approval that represents the 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
may appeal to the court against any of the following- 4.1.29.(1) An advice agency may, within the limits of
its jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development development approval for a 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
under section 3.1.6;1 (b) the advice agency told the applicant and the
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 relevant period; days after the day the decision notice or negotiated
(e) a deemed refusal. decision notice is given to the advice agency as a
(2) An appeal under subsection (1)(a) to (d) must submitter.
be started within 20 business days (the “applicant’s Appeals for matters arising after approval given
appeal period”) after the day the decision notice or (co-respondents)
negotiated decision notice is given to the applicant. 4.1.30.(1) For a development approval given for a
(3) An appeal under subsection (1)(e) may be development application, a person to whom any of the
started at any time after the last day a decision on the following notices have been given may appeal to the
matter should have been made. court against the decision in the notice-
Appeals by submitters (a) a notice giving a decision on a request for
4.1.28.(1) A submitter for a development application extension of the relevant period for an approval;
may appeal to the court about- (b) a notice giving a decision on a request to make a
(a) the giving of a development approval, including minor change to an approval.
any conditions (or lack of conditions) or other (2) The appeal must be started within 20 business
provisions of the approval; or days after the day the notice of the decision is given to
(b) the length of a relevant period for the approval. the person.
(2) The appeal must be started within 20 business (3) Subsection (1)(a) does not apply if the
days (the “submitters appeal period”) after the day approval resulted from a development application
the decision notice or negotiated decision notice is (superseded planning scheme) that was assessed as
given to the submitter. if it were an application under a superseded planning
scheme.
(3) If a person withdraws a submission before the
application is decided, the person may not appeal the (4) Also, a person who has made a request
decision. mentioned in subsection (1) may appeal to the court
against a deemed refusal of the request.
(4) If an application involves both impact
assessment and code assessment, appeal rights for (5) An appeal under subsection (4) may be started
submitters are available only for the part of the at any time after the last day the decision on the
application involving impact assessment. matter should have been made.
(5) If an application is processed under section Division 9 - Appeals to court about other matters
6.1.28(2), appeal rights for submitters for the Appeals for matters arising after approval given
application are available only for the aspects of the (no co-respondents)
development that would have required public
notification under the repealed Act. 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.
1
Section 3.1.6 (Preliminary approval may override
local planning instrument)
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2008/383
(b) a notice under section 6.1.442 giving a decision to (d) the length of a period mentioned in section 3.5.21
change or cancel a condition of a development relevant period;
approval. (e) a deemed refusal.
(2) The appeal must be started within 20 (2) An appeal under subsection (1)(a) to (d) must
business days after the day the notice of the decision be started within 20 business days (the “applicant’s
is given to the person. appeal period”) after the day the decision notice or
(3) Also, a person who has made a request negotiated decision notice is given to the applicant.
mentioned in subsection (1)(a) may appeal to the (3) An appeal under subsection (1)(e) may be
court against a deemed refusal of the request. started at any time after the last day a decision on the
(4) An appeal under subsection (3) may be matter should have been made.
started at any time after the last day the decision on The Registrar for the Building and Development
the matter should have been made. Tribunal may be contacted at the website
Appeals against decisions to change approval http://www.localgovernment.qld.gov.au/
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
For Infrastructure Charges Only
decision made on an application to change the 4.1.36 Appeals about particular infrastructure
conditions attached to an approval given under charges
section 2.19(3)or section 4.4 of the repealed Act may (1) This section applies to a person who has been
appeal to the court against- given, and is dissatisfied with, an infrastructure
(a) the decision; or charges notice or a regulated State infrastructure
(b) a deemed refusal of the application. charges notice.
(2) An appeal under subsection (1)(a) must be (2) The person may appeal to the court against the
started within 20 business days after the day notice of notice.
the decision is to be given to the person. (3) The appeal must be started within 20 business
(3) An appeal under subsection (1)(b) may be days after-
started at any time after the last day a decision on the (a) if the notice is given because of a development
matter should have been made. approval or master plan approval-the day the
Appeals against local laws applicant is given notice of the decision about the
approval; or
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions (b) otherwise-the day the notice is given to the
applied under a local law about the use of premises or person.
the erection of a building or other structure permitted (4) An appeal under this section may only be about-
by the planning scheme may appeal to the court (a) whether a charge in the notice is so
against the decision or the conditions applied. unreasonable that no reasonable relevant local
(2) The appeal must be started within 20 business government, State infrastructure provider or
days after the day notice of the decision is given to the coordinating agency could have imposed it; or
applicant. (b) an error in the calculation of the charge.
For Building Works Only (5) To remove any doubt, it is declared that an
Rights of appeal conferred by Section 4.2.9 of the appeal under this section can not be about the
Integrated Planning Act 1997 as follows: methodology used to establish the charge in the
relevant infrastructure charges schedule or regulated
Division 3 – Appeals to tribunals relating to
State infrastructure charges schedule.
development applications
Appeals by applicants
4.2.9(1) An applicant for a development application
may appeal to the Building and Development Tribunal
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;3
(c) the decision to give a preliminary approval when a
development permit was applied for;
2
Section 6.1.44 (Conditions may be changed or
cancelled by assessment manager or concurrence
agency in certain circumstances)
3
Section 3.1.6 (Preliminary approval may override
local planning instrument)
Page 15 of 15
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