Council archive · source document
Decision Notice - 010.2008.00000989.001 [As Published] · 132008.989
Officer: Denis Wallace
Direct Telephone: (07) 5449 5179
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 2008/989
Your Reference: 080302T
13 August 2008
Amapel Pty Ltd
CARE Ken Hicks & Associates Pty Ltd
PO Box 6380
MAROOCHYDORE BC QLD 4558
Dear Sir/Madam
Decision Notice
Integrated Planning Act 1997
I refer to your application and advise that on 12 August 2008 Council decided to approve the
application in full subject to conditions.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: 2008/989
Street address: 18 Sunseeker Close, Noosaville
Real property description: Lot 67 RP 842163
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
The following type of approval has been issued:
Development Permit for Material Change of Use - Multiple Housing Type 2 - Duplex
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
4 ASSESSMENT MANAGER CONDITIONS
Land Use
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are titled and numbered:
Plan / Rev. Plan / Document Name Date
Document No.
07585 1 of 8 Site Plan – Caloundra Design and Drafting 27.05.08
3 of 8 Ground Floor Not dated
Page 1 of 12
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalFull text of the other 11 pages
Page 2
2008/989
4 of 8 Upper Floor Not dated
07585 5 of 8 South Elevation & North Elevation – Caloundra 27.05.08
Design and Drafting
07585 6 of 8 West Elevation & East Elevation – Caloundra 27.05.08
Design and Drafting
and as may be amended by these conditions.
2. The development must be undertaken and operated in a manner that causes no detrimental
effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
lighting nuisance or other emissions.
3. The open space and setback areas are to be landscaped in accordance with Council’s Policy
on Landscaping Guidelines and a properly prepared landscape plan prepared by a suitably
qualified Landscape Architect or Horticulturalist. Such landscaping is to be completed prior to
the premises being occupied and maintained at all times thereafter. In this regard:-
3.1. Native screening vegetation shall be established along the side boundaries and shall
include trees with 45 – 75litre pot sizes;
3.2. A minimum of three (3) native species with a minimum pot size of 100litres shall be
established within the landscaped setback to the Sunseeker Close frontage;
3.3. Native screening shrubs shall be provided within the road reserve to visually screen
the rear boundary fence when viewed from Gibson Road; &
3.4. One (1) x 45litre native street tree, such as an Eleocarpus reticulatus, Backhousia
citridora or Banksia integrifolia, shall be provided within the road reserve to the
Sunseeker Close frontage.
4. 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. These landscape
plans required to be submitted are to denote areas of existing vegetation or existing trees
proposed or required to be retained.
5. All fencing shall be setback at least 1 metre from the Sunseeker Close property boundary, with
at least half of the fencing setback 2 metres. The area of land between the fence and the front
property boundary shall be densely landscaped to screen any fencing from the street.
6. Any deck or balcony areas are not to be enclosed with shutters, glass panelling or the like,
thus remaining as open structures.
7. The building shall not exceed 8 metres above natural ground level and finished ground level.
8. The proposed development shall have all kitchen, laundry and bathroom fittings that comply
with the AAA Water Conservation Rating System as defined by the AS/NZS 6400 (Water
Efficient Products - Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and
Drainage Standard Part 1.2), with toilets to comply with the AAAA Water Conservation Rating
System. All tap ware and shower roses shall not exceed a maximum flow of 9 litres per min.
Dishwashers and washing machines are excluded from this requirement.
9. All hot water systems installed shall be either solar systems; electric heat pump systems; or
gas systems (LPG or natural).
10. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be
submitted, to secure performance of all conditions of this approval, prior to the issue of a
Development Permit for operational works. The cash bond or trading bank guarantee will be
returned on performance of the conditions of approval less any costs incurred by Council in
respect of enforcing performance of this permit.
Page 2 of 12
Page 3
2008/989
11. The requirements of this development approval are to be effected, prior to the use of the
premises. Council reserves the right to call upon the bond or guaranteed sum referred to in
this approval to effect compliance with conditions.
12. The Development Permit for a material change of use of premises lapses if the use has
commenced by 12 August 2012, unless an application to extend the currency is approved by
Council.
13. The developer must obtain all of the other Development Permits referred to in the Decision
Notice, prior to obtaining a Development Permit for Building Works.
Land Development
River Flooding
14. All buildings proposed on site (and areas utilised for carparking purposes associated with the
buildings) shall be constructed to comply with Council’s Minimum Floor Height requirements
as defined in Council’s Planning Scheme and on Council’s Scheme Maps at the time of issue
of the Building Permit.
In this regard and as an indication only all habitable areas of the proposed duplex should have
a Minimum Floor Height of RL 2.6m above AHD. These levels however are subject to change
and verification shall be made to Council’s Land Development Section prior to obtaining a
Development Permit for Building Works.
The applicant should note that compliance with these levels does not necessarily require the
site to be filled as an equal result can be achieved by suspending the lower levels of the
building as opposed to filling. To this extent excessive filling should be avoided to prevent any
impacts on neighbouring properties and minimum floor levels should be strictly adhered to
without building higher than is actually needed to prevent flooding.
Vehicle Access
15. A vehicular access driveway to serve the proposed duplex shall be constructed from the
Sunseeker Close frontage of the site with a maximum width of 4.5m.
16. The driveway shall be designed and constructed to Council’s design standards and to grades
that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians
movements along the footpath without any step or level difference. Should any driveways be
constructed to grades that do not comply with AS/NZS 2890.1-2004, Council will require that
the driveway be removed and reconstructed to levels that do comply.
Please note, a step between the driveway and the footpath shall be avoided, as it is preferred
to have the footpath continue at a constant grade to minimise the potential for pedestrians to
trip or fall.
17. To ensure pedestrian safety between vehicles exiting the site and pedestrians on the footpath,
the driveway and any associated fencing or vegetation near the driveway shall comply with the
minimum sight line requirements as defined in AS 2890.1, section 3.2.4. The applicant shall
demonstrate compliance by illustrating these sight lines on the plans submitted for both
Operational Works approval and Building Works approval.
18. All vehicles shall enter and leave the site in a forward direction.
Car Parking
Off Street
19. Carparking shall be provided within the site as shown on drawing number 07585 Page 1 0f 8
and Page 3 of 8 dated 27 May 2008 by Caloundra Design and Drafting, except as modified
herein.
20. The open visitor carpark space provided between the building and the front property boundary
of the site as shown on drawing number 07585 Page 1 of 8 dated 27 May 2008 by Caloundra
Design and Drafting shall be maintained so that it is clearly visible and shall not be restricted
by gates, security screens or other obstacles.
Page 3 of 12
Page 4
2008/989
21. The carparking area shall be designed to comply with the provisions of AS/NZS 2890.1-2004
for user class 1A with allowance for vehicles to enter and leave the site in a forward gear.
Frontage Works
22. Footpath improvements such as topsoiling, grassing, and tree planting are required to the
Sunseeker Close frontage of the site in accordance with Planning Scheme Policy PSP03
Landscaping Plants & Guidelines. Grass shall be couch, free of weeds.
23. A new 1.5m wide concrete path shall be constructed along the Sunseeker Close frontage of
the site in accordance with Council’s design standards and to an alignment that protects any
significant vegetation or any underground services. The new concrete path shall link the
existing pathway that is located alongside the eastern property boundary with the existing
concrete pathway located within the frontage of 20 Sunseeker Close. In the event the width of
the existing pathway on the frontage of 20 Sunseeker Close is less than 1.5m, the new
constructed pathway shall taper to the existing pathway network.
24. All paths, driveways and parking areas shall be designed and constructed to ensure
pedestrian safety using non-slip materials, to produce an evenly graded surface finish, and to
be in accordance with the Disability Discrimination Act 1992 and Australian Standard 1428.1
Design for Access & Mobility.
Roof Water & Stormwater Drainage
25. Roof runoff from any new building shall be directed to a rainwater storage system or tank that
is installed to ensure water from the rainwater storage system or tank is used for external uses
(such as watering gardens, irrigation, ornamental ponds, water features, topping-up swimming
pools, outdoor cleaning, etc) and for internal (ground floor) use in washing machine cold taps
and toilet cisterns. All rainwater tanks are to be designed and installed in accordance with the
Queensland Development Code (QDC) current at the time of building approval, and shall be
part of the plumbing application for approval. The location and capacity of the tank(s) shall be
clearly shown on the plans submitted for Building Works / Operational Works approval and
any overflow shall be directed to the stormwater drainage system located at Sunseeker Close.
26. All stormwater drainage (including roof water overflow from the rainwater storage system)
shall be collected and discharged so there is no net increase in stormwater runoff from the
site. Stormwater drainage permitted to drain from the site shall be discharged to Council’s
kerb & channel street drainage system in Sunseeker Close. Plans of the drainage design
shall be prepared by a Registered Professional Civil Engineer and submitted to Council prior
to obtaining a Development Permit for Operational Works.
The maximum discharge of stormwater drainage allowable to Council’s kerb & channel street
drainage system at any one location is 25 litres/second.
27. If the site will be filled, appropriate stormwater drainage pipes shall be installed within the site
to collect and discharge stormwater runoff from all adjoining properties to prevent additional
ponding/flooding on these properties.
28. All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
29. The site shall be connected to Council’s existing sewerage reticulation systems and be
constructed in accordance with Council’s standards and requirements at no cost to Council.
30. The existing sewer main that is located in the adjoining property at the south west of the site
and the ‘zone of influence’ (taken as the area within a 45-degree angle measured from the
invert of the sewer main to the finished surface level) shall be accurately located and
determined by a licensed Surveyor and shown on all plans submitted for Operational Works
approval.
Page 4 of 12
Page 5
2008/989
To ensure Council’s sewer main is accessible for maintenance purposes and is protected from
risk of damage no structures requiring a building permit (eg. buildings, swimming pools,
retaining walls exceeding 1m in height, raised terraces, etc) shall be constructed within this
‘zone of influence’ or within 1.5m of the centreline of the sewer main, whichever is the greater.
Town Water Supply
31. The site shall be connected to Council’s existing town water supply and be constructed in
accordance with Council’s standards and requirements at no cost to Council.
32. Each individual water connection to the water reticulation system shall extend to the property
boundary and be metered. All fees for the supply of water meters shall be paid to the Council.
33. All water meters must be located outside the property boundary and in an easily assessable
location to facilitate unhindered reading by Council and/or Council’s contracted water meter
readers, and not behind fences or locked gates. In this regard approval of the water meter
configuration and location must be obtained from Council’s Water & Sewerage Capital Works
Manager prior to lodgement and approval of hydraulic drawings.
34. For Multiple Uses (including Building Format Plans, Group Title Plans, etc) the development
shall be served by:
34.1. A single Body Corporate water meter to measure the total water consumption
(including fire hose reels, but excluding fire hydrants and fire sprinkler systems), and
34.2. Individual water meters to each tenement capable of being separately rated, and
34.3. A fire service (fully testable single detector check with metered bypass), where
applicable, for flows to fire hydrants and fire sprinkler systems (excluding fire hose
reels).
Service Easements (Sewer)
35. A registered easement shall be created over the zone of influence of all sewers within the
subject site and over those parts of the subject site that are impacted upon by sewers on any
adjoining sites. The easements shall generally be parallel to and centred over the sewer main
and be equivalent in width to twice the depth to invert level of the sewer at the deepest point
within the allotment (measured from the finished surface) and be no less than 3.0m wide
overall. In this regard a licensed surveyor shall accurately locate all sewer mains and
determine the necessary width of the easement, which shall be shown on any plans submitted
for Operational Works / Building Works approval. To this extent the surveyor shall certify that
the sewer and the zone of influence is wholly contained within the easement to be created.
In addition to this the Applicant’s Solicitor shall give Council’s Solicitor an appropriate
undertaking in writing that the Title Deed and the easement documents will be lodged at the
Land Titles Office and any additional Titles Office forms or requisitions requiring the consent of
Council will be attended to promptly.
A duly executed copy of the easement shall be submitted to Council for perusal prior to the
use commencing. Any changes required by Council’s Solicitor must be corrected immediately.
36. No building or other structure shall be constructed or encroach over an easement.
Earthworks
37. Filling works required on site shall be carried out in accordance with Council’s Planning
Scheme Policy PSP5 – Engineering Design Standards, so as not to cause the additional
ponding of water on any adjoining lands or the blockage of, or interference with, any natural
watercourses. Detailed site surveys indicating natural surface levels and contours of the
adjoining properties must be provided with the application for a Development Permit for
Operational Works for Filling and Drainage.
Page 5 of 12
Page 6
2008/989
This may require the design and construction of drainage pipes and/or an overland flow-path
within the development site that caters for drainage from the adjoining sites for a design storm
with an Average Recurrence Interval of 1 in 100 years. A private easement for the Drainage of
Water encompassing the drainage pipes or overland flow-path will also be required. In this
regard a Development Permit for Operational Works shall be obtained.
Should evidence be provided to Council indicating that no additional ponding of stormwater
will occur on the adjoining properties the requirement for the drainage pipes, overland flow-
path and easement shall not apply.
38. Earthworks carried out on site shall not affect the structural integrity of any of the existing
fences or structures that border the development site. Fences that are affected shall be
replaced prior to the Building Certifier issuing the Certificate of Classification. In this regard
any fences to be replaced shall be clearly shown on the plans submitted for Operational
Works approval.
Acid Sulfate Soils
3
39. As the site is located below the 5m AHD, any excavation works consisting of 100m or greater
3
and/or any filling works consisting of 500m or greater and with an average depth of 0.5m or
greater will need to be carried out in accordance with State Planning Policy 2/02 Planning and
Managing Development Involving Acid Sulfate Soils. In this regard appropriate testing and
supporting documentation prepared by a suitably qualified specialist shall be submitted to
Council for approval prior to obtaining a Development Permit for Operational Works.
Erosion and Sediment Control
40. 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.
In this regard plans detailing the methods of controlling erosion and sediment are required to
be submitted to the Council for approval prior to obtaining a Development Permit for
Operational Works.
Contributions Towards Council Infrastructure
41. Monetary contributions shall be paid to Noosa Council towards the cost of providing and/or
upgrading various infrastructure at the rates applicable at the time of payment. An estimate
only of the contribution amounts under the current Council policies and requirements is
outlined in the table below:
Contribution Required For: Amount:
PSP12 – Public Open Space Contributions (Park) $3,126
PSP16 – Sewerage Headworks Contributions $2,127
PSP17 – Water Supply Headworks Contributions $3,182
TOTAL Contribution Amount = $ 8,435
Please note, that these amounts are all subject to variations in the Consumer Price Index, All
Groups Brisbane from June 2008 until the date of payment.
All contributions must be paid prior to the issue of a Development Permit for Operational /
Building Works.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should the
contributions not be paid at the due time, Council shall call upon the trading bank guarantee in
full.
Page 6 of 12
Page 7
2008/989
Processing of bonds for security where specific Council approval has been given for the
bonding of contributions will incur an administration fee in accordance with Council’s Land
Development Commercial & Regulatory Fees at the time of lodgement.
In the event that the Development Permit for Material Change of Use of Premises lapses or is
cancelled, the paid contributions and/or the trading bank guarantee will be returned.
General
42. For the following classes of work associated with development, a Development Permit for
Operational Works must be obtained prior to commencement of works relating to that class of
work. The application may combine any or all of these classes of work:-
42.1. Site Filling.
42.2. Landscaping
42.3. Erosion & Sediment Control
42.4. Access and/or Carparking
42.5. Stormwater Drainage
42.6. Frontage Works
43. A suitably qualified Registered Professional Engineer shall prepare engineering drawings and
specifications for all engineering works that will become Council infrastructure, which shall be
submitted in conjunction with an application for a Development Permit for Operational Works.
In this regard a DXF/DWG file on GDA94 zone 56 grid of the proposed cadastre layout is to be
submitted in conjunction with any application for Operational Works.
44. Any damage caused to any public utility during the course of construction shall be repaired to
Council’s standards and at no cost to Council.
45. Any alteration of any public utility or other facilities necessitated by the development of the
land or associated construction works external to the site shall be at no cost to Council.
46. The transportation of all materials to and from the site shall be undertaken in a manner such
that no particle matter escapes onto a public road. All vehicles carrying materials either to or
from the site shall be covered to prevent materials including dust being windblown from the
vehicle.
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Nil
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
07585 1 of 8 Site Plan – Caloundra Design and 27.05.08
Drafting
3 of 8 Ground Floor Not dated
4 of 8 Upper Floor Not dated
07585 5 of 8 South Elevation & North Elevation – 27.05.08
Caloundra Design and Drafting
Page 7 of 12
Page 8
2008/989
07585 6 of 8 West Elevation & East Elevation – 27.05.08
Caloundra Design and Drafting
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. The development should be undertaken in a manner that causes no detrimental effect upon
the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-
borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other
emissions in accordance with the nuisance provisions of the Environmental Protection
Regulation 1998 or Council’s Local Law No. 12 – Control of Nuisances.
2. In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint,
cement, concrete, builder’s waste or rubbish should not be permitted to enter or be placed
where it could reasonably be expected to move into a roadside gutter, storm water drain or a
watercourse. On the spot fines apply for such offences.
3. The applicant is advised that development contributions and infrastructure charges applicable
to this development approval have been based on the following Uses Class/ Uses and
applicable quantities:-
Existing Development Approved Development
Existing Use Class Approved Use Class
Existing Quantity Approved Quantity
/ Use / Use
Attached House Vacant Land Duplex 2x3 Bedrooms
4. The applicant is informed that approval of this development application will trigger an
Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure
Charges Plan for the estimated amount of $1,089 and is subject to variations in the Consumer
Price Index, All Groups Brisbane from June 2008 until the date of payment. An Infrastructure
Charge Notice will be issued in accordance with Chapter 5 of the Integrated Planning Act
1997.
5. The applicant is informed that payment via credit card transaction will not be an acceptable
method of payment for development contributions conditioned in this permit or for
infrastructure charge notices issued separately.
6. The applicant is advised that a Compliance Permit for all plumbing and drainage works within
the boundaries of the development site shall be obtained from Council’s Plumbing Services
Section prior to obtaining a Development Permit for Building Works.
7. The applicant is advised that in the event the floor height of garages are not elevated above
2.6m above AHD, the following property note (or similar) will be created for the subject site to
advise potential purchaser that “the garage has been constructed at a level that is below
expected flood levels and during major storm events it is likely that the garage will be
inundated. To this end, it is likely that items/objects stored in the garage will at some stage be
affected by floodwaters and owners should be mindful of what they store.”
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.
Page 8 of 12
Page 9
2008/989
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 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.
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.
8 PROPERTY NOTES
The applicant is advised that in the event the floor height of garages are not elevated above 2.6m
above AHD, the following property note (or similar) will be created for the subject site to advise
potential purchaser that “the garage has been constructed at a level that is below expected flood
levels and during major storm events it is likely that the garage will be inundated. To this end, it is
likely that items/objects stored in the garage will at some stage be affected by floodwaters and
owners should be mindful of what they store.”
9 PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable
10 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Development Permit for Building Works All Building Works
Development Permit for Operational Site Filling, Landscaping, Erosion & Sediment
Works Control, Carparking & Access, Frontage Works and
Stormwater Drainage
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).
Page 9 of 12
Page 10
2008/989
15 OTHER DETAILS
Please note that an Infrastructure Charge in accordance with the Coastal Major Road Network
Infrastructure Charges Plan has been triggered by the approval of this development application. An
Infrastructure Charge Notice is attached in compliance with Chapter 5 of the Integrated Planning Act
1997.
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
PLANNING OFFICER
Page 10 of 12
Page 11
2008/989
Appeal Rights
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
(5) If an application is processed under section
The following is an extract from the Integrated 6.1.28(2), appeal rights for submitters for the
Planning Act (Chapter 4). application are available only for the aspects of the
development that would have required public
Division 8 - Appeals to court relating to
notification under the repealed Act.
development applications
Appeals by applicants (6) If an application involves assessment
4.1.27.(1) An applicant for a development against a concurrence agency code, appeal rights
application may appeal to the court against any of for submitters for the application are not available
the following- against the part of the approval that represents the
(a) the refusal, or the refusal in part, of a concurrence agency’s response for the code.
development application; Appeals by advice agency submitters
(b) a matter stated in a development approval, 4.1.29.(1) An advice agency may, within the limits
including any condition applying to the of its jurisdiction, appeal to the court about the
development, and the identification of a code giving of a development approval for a
1
under section 3.1.6; development application if-
(c) the decision to give a preliminary approval (a) the development application involves impact
when a development permit was applied for; assessment; and
(d) the length of a currency period; (b) the advice agency told the applicant and the
(e) a deemed refusal. assessment manager to treat its response to
the application as a submission for an appeal.
(2) An appeal under subsection (1)(a) to (d)
must be started within 20 business days (the (2) The appeal must be started within 20
“applicant’s appeal period”) after the day the business days after the day the decision notice or
decision notice or negotiated decision notice is negotiated decision notice is given to the advice
given to the applicant. agency as a submitter.
(3) An appeal under subsection (1)(e) may be Appeals for matters arising after approval given
started at any time after the last day a decision on (co-respondents)
the matter should have been made. 4.1.30.(1) For a development approval given for a
Appeals by submitters development application, a person to whom any of
the following notices have been given may appeal
4.1.28.(1) A submitter for a development
to the court against the decision in the notice-
application may appeal to the court about-
(a) a notice giving a decision on a request for
(a) the giving of a development approval, including
extension of the currency period for an
any conditions (or lack of conditions) or other
approval;
provisions of the approval; or
(b) a notice giving a decision on a request to make
(b) the length of a currency period for the approval.
a minor change to an approval.
(2) The appeal must be started within 20
(2) The appeal must be started within 20
business days (the “submitters appeal period”)
business days after the day the notice of the
after the day the decision notice or negotiated
decision is given to the person.
decision notice is given to the submitter.
(3) Subsection (1)(a) does not apply if the
(3) If a person withdraws a submission before
approval resulted from a development
the application is decided, the person may not
application (superseded planning scheme)
appeal the decision.
that was assessed as if it were an
(4) If an application involves both impact application under a superseded planning
assessment and code assessment, appeal rights scheme.
for submitters are available only for the part of the
(4) Also, a person who has made a request
application involving impact assessment.
mentioned in subsection (1) may appeal to
the court against a deemed refusal of the
request.
1
Section 3.1.6 (Preliminary approval may override
local planning instrument)
Page 11 of 12
Page 12
2008/989
(5) An appeal under subsection (4) may be For Building Works Only
started at any time after the last day the Rights of appeal conferred by Section 4.2.9 of the
decision on the matter should have been Integrated Planning Act 1997 as follows:
made.
Division 3 – Appeals to tribunals relating to
development applications
Division 9 - Appeals to court about other
matters Appeals by applicants
Appeals for matters arising after approval given
(no co-respondents)
4.2.9(1) An applicant for a development application
4.1.31.(1) A person to whom any of the following may appeal to the Building and Development
notices have been given may appeal to the court Tribunal against any of the following-
against the decision in the notice-
(a) the refusal, or the refusal in part, of a
(a) a notice giving a decision on a request to development application;
change or cancel a condition of a development
approval. (b) a matter stated in a development approval,
2 including any condition applying to the
(b) a notice under section 6.1.44 giving a decision development, and the identification of a code
to change or cancel a condition of a under section 3.1.6;
3
development approval.
(c) the decision to give a preliminary approval when a
(2) The appeal must be started within 20 development permit was applied for;
business days after the day the notice of the
(d) the length of a period mentioned in section 3.5.21
decision is given to the person.
currency period;
(3) Also, a person who has made a request
(e) a deemed refusal.
mentioned in subsection (1)(a) may appeal
to the court against a deemed refusal of the (2) An appeal under subsection (1)(a) to (d) must
request. be started within 20 business days (the “applicant’s
appeal period”) after the day the decision notice or
(4) An appeal under subsection (3) may be negotiated decision notice is given to the applicant.
started at any time after the last day the
(3) An appeal under subsection (1)(e) may be
decision on the matter should have been started at any time after the last day a decision on the
made. matter should have been made.
Appeals against decisions to change approval The Registrar for the Building and Development
conditions under the repealed Act Tribunal may be contacted at the website
4.1.33A.(1) A person who is dissatisfied with a http://www.localgovernment.qld.gov.au/
decision made on an application to change the
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act
may appeal to the court against-
(a) the decision; or
(b) a deemed refusal of the application.
(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice
of the decision is to be given to the person.
(3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on
the matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises
or the erection of a building or other structure
permitted by the planning scheme may appeal to
the court against the decision or the conditions
applied.
(2) The appeal must be started within 20
business days after the day notice of the decision
is given to the applicant.
2
Section 6.1.44 (Conditions may be changed or
3
cancelled by assessment manager or concurrence Section 3.1.6 (Preliminary approval may override
agency in certain circumstances) local planning instrument)
Page 12 of 12
Used in these records
Decision Notice - 010.2008.00000989.001 [As Published]Related documentApplication case desk ↗
About this file
- File size
- 76 KB (small file)
- File type
No other editions are linked here.