2018-11-12 General Committee Meeting Agenda

GENERAL COMMITTEE MEETING AGENDA   12 NOVEMBER 2018




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GENERAL COMMITTEE MEETING AGENDA                                                12 NOVEMBER 2018

                                                                                      2007/2446

         | Sunshine Coast | Appeal Rights
          Regional Council                    INTEGRATED PLANNING ACT 1997 & 19098 REGULATION

      The following i     extract from the Integrafed        (6) If an application involves assessment against a
      Planning Act (Chapter 4),                           concurrence agency code, appeal nghts for submitters
          ee    2 -           o              .    =       for the application are not available against the part of
      Division      Appeals       court relating          the approval that represents the concurrence agency's
      development applications                           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 its
     may appeal to the court against any of the following- jumedoton, appeal to the court about the giing of a
       (a) the refusal, or the refusal in part, of a development development approval for a development application if-
         application.                                     (a) the development application involves impact
     (b) 2 matter ‘stated in 2 development approval, inching assessment; and
        any                                                         .
         Srnstoatn of oode under secon ST                 () he aoe apeney_ tat the spricat 2nd he
       (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 notce or negotiated
       (e) a deemed refusal.                             decision notice is given to the advice agency a5 a
           An appeal under subsection (1)(a) to (d) must be      :             a                   .
     stael wih 20 business days (he snpbcm te appeal     Appeals for matters arising after approval given
      period”) after the day the decision notice or negotiated (co-respondents)
      decision notice is given to the applicant.          4130(1} For a development approval given  2
        (3) An appeal under subsection (1)(e) may be started evelopment application, a person to whom any
      ae ee er es a eg              es a                  following Ge dacial een given may appeal
             i                      es                           notices have been               to the
      Appeals by submitters                               (a) a notice giving a decision on a request for extension
                     .                       .              of the relevanrt period for an approval;
      4.1.28 (1) A submitter for a development application may (b) a not wing a decision on a to make a
                                                            minor change to an approval.
       (a) the giving of a development approval, including any                             .      -
         conditions       conditions          isi              The appeal must be started within 20 business
         cite aprdsor              ) or other provisions days ate he day thence ofthe Geoson gen 1
                              .                              person.
       Oy ne       3 must be         ithin 20  .             {3) Subsection (1)(a) does not apply if the approval
         the length of a relevant period for the approval.
      days (he “submiters appeal period”) afer the day ne -eauled fom ceweopment sppleaton superseded
      decision notice or negotiated decision notice is given to =                      -
      the        :                                       application under a superseded planning scheme.
                        :            _                       (4) Also, a person who has made a request
         (3) If a person withdraws a submission before the    es   :        .
         lication is decided, the may not      I the     mentioned in) subsection (1) may appeal to the cout
                       oo           -                          An appeal under subsection (4 be started at
       =~         ee      ee oe                          ary ieee ae the last day fe dettion in te maer
      available only for the pat of the appication involving a
      impact assessment.                                 Division 3 - Appeals to court about other matters
         (5) & an application is processed under section Appeals for matters arising after approval given
      6.1.28(2), appeal rights for submitters for the application (no co-respondents)
      are available only for the aspects of the development that 4.1.31.(1) A person to whom any of the following notices
     would have required public notification under the    have been given may appeal to the court against the
      repealed Act.                                       decision in the notice-
                                                          (a) @ notice giving a decision on a request to change or
      a                                                     cancel a condition of a development approval.
       ' Section 3.1.6 (Preliminary approval may override local
       planning instrument)
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