old approval · 131999.982857.1

NOOSA COUNCIL IDAS Development Application Decision Notice                                                                   3




               NOOSA                             Appeal Rights
■ ■                                              INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

The following is an extract from the Integrated                     Appeals by advice agency submitters
Planning Act (Chapter 4).                                           4.1.29.(1) An advice agency may, within the limits of
Division 8    Appeals to                     court relating to      its jurisdiction, appeal to the court about the giving
development applications                                            of a development approval for a development
                                                                    application if-
Appeals by applicants
                                                                    (a) the development application involves impact
4.1.27.(1) An applicant for a development                               assessment; and
application may appeal to the court against any of
the following-                                                      (b) the advice agency told the applicant and the
                                                                        assessment manager to treat its response to the
(a) the refusal, or the refusal in                  part,   of a        application as a submission for an appeal.
    development application;
                                                                       (2) The appeal must be started within 20
(b) a matter stated in a development approval,                      business days after the day the decision notice or
    including any condition applying to the                         negotiated decision notice is given to the advice
    development, and the identification of a code                   agency as a submitter.
    under section 3.1.6;1
                                                                    Appeals for matters arising after approval given
(c) the decision to give a preliminary approval when                (co-respondents)
    a development permit was applied for;
                                                                    4.1.30.(1) For a development approval given for a
(d) the length of a currency period;                                development application, a person to whom any of
(e) a deemed refusal.                                               the following notices have been given may appeal
    (2) An appeal under subsection (1)(a) to (d)                    to the court against the decision in the notice-
must be started within 20 business days (the                        (a) a notice giving a decision on a request for
“applicant’s appeal period”) after the day the                          extension of the currency period for an approval;
decision notice or negotiated decision notice is                    (b) a notice giving a decision on a request to make
given to the applicant.                                                 a minor change to an approval.
    (3) An appeal under subsection (1)(e) may be                       (2) The appeal must be started within 20
started at any time after the last day a decision on                business days after the day the notice of the
the matter should have been made.                                   decision is given to the person.
Appeals by submitters                                                  (3) Subsection (1)(a) does not apply if the
4.1.28.(1) A submitter for a development application                approval resulted from a development application
may appeal to the court about-                                      (superseded planning scheme) that was assessed
(a) the giving of a development approval, including                 as if it were an application under a superseded
    any conditions (or lack of conditions) or other                 planning scheme.
    provisions of the approval; or                                  Division 9 - Appeals to court about other
(b) the length of a currency period for the approval.               matters
                                                                    Appeals for matters arising after approval given
    (2) The appeal must be started within 20
                                                                    (no co-respondents)
business days (the “submitters appeal period”)
after the day the decision notice or negotiated                     4.1.31.(1) A person to whom any of the following
decision notice is given to the submitter.                          notices have been given may appeal to the court
                                                                    against the decision in the notice-
   (3) If a person withdraws a submission before
the application is decided, the person may not                      (a) a notice giving a decision on a request to
appeal the decision.                                                    change or cancel a condition of a development
                                                                        approval.
    (4) If an application involves both impact
assessment and code assessment, appeal rights                       (b) a notice under section 6.1.442 giving a decision
for submitters are available only for the part of the                   to change or cancel a condition of a
application involving impact assessment.                                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.


                                                                    2 Section 6.1.44 (Conditions may be changed or cancelled by
 Section 3.1.6 (Preliminary approval may override local planning      assessment manager or concurrence agency in certain
 instrument)                                                          circumstances)



SMP o:\database\ipa\town planning\decision.doc