Decision Notice - Change to an Existing Approval - 010.2005.00002200.003 [As Published] · 132005.2200.03

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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:
     1.1.   Site Plan, Drawing Number DA 01;
     1.2.   Ground Floor Plan, Drawing Number DA 02;
     1.3.   First Floor Plan, Drawing Number DA 03;
     1.4.   Basement Plan, Drawing Number DA 04;
     1.5.   Elevations (North & South), Drawing Number DA 05;
     1.6.   Elevations (West & East), Drawing No DA 06;
     1.7.   Section (A-A), Drawing Number DA 07;
     prepared by John Burgess Architects and dated 4 October 2006 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. The landscaping plan
     shall clearly indicate:-
     3.1.   The retention of all exiting native vegetation within 5 metres of the rear property
            boundary, particularly the four (4) pandanus trees adjacent to the proposed pool;
     3.2.   Additional dense landscaping, comprising a mix of coastal species of ground cover,
            shrubs and trees, shall be provided for a width of at least 5 metres form the rear
            boundary of the site to provide adequate landscape buffering to protect the coastal dune
            system;
     3.3.   The replacement of the pandanus tree (minimum pot size 100L) along the northern
            boundary of the site in a similar position to its current location adjacent to the deck on
            the neighbouring property to the north.
     3.4.   The provision of 1 x 200L native species tree in the southwestern corner of the site to
            reduce the visual dominance of the front setback intrusion and replace the existing
            Norfolk Island Pine tree to be removed.
     3.5.   Deleted.
     3.6.   The removal of one (1) ficus species tree in the road reserve adjacent to the subject site
            and replaced with 1 x 100L native species tree compatible with overhead power lines to
            be located in a similar position.




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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.    A verification survey of the building is to be carried out by a Licensed Surveyor and a
      certificate lodged with Council at completion of work confirming compliance with the maximum
      allowable building height as required by either the conditions of approval or the Planning
      Scheme.
6.    Security in the form of a cash bond or trading bank guarantee to the sum of $15,000 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.
7.    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.
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.    The Development Permit for a material change of use of premises lapses if the use has not
      happened by 27 February 2011, unless an application to extend the currency is approved by
      Council.
Building Services
10.   All building materials containing asbestos, including asbestos cement sheeting or roofing and
      lagging, must be removed from the building and disposed of in accordance with industry best
      practice.
11.   Waste generated during construction must be stockpiled in a centralised location and covered
      as required to prevent material being blown onto adjoining properties including the road
      reserve or food waste from generating vermin. All site waste must be disposed of to an
      approved waste disposal facility either directly or via an approved waste receptacle and
      collection service. Storage areas are to be located near the temporary access to the site so
      that access can be gained with out damage to infrastructure.
12.   Sediment and erosion control measures must be placed on site prior to the works
      commencing and shall be maintained until all works are complete. The erosion and sediment
      control measures shall be in accordance with the “Best practice guidelines for control of
      stormwater on building sites” prepared by Healthy Waterways (copy attached or available at
      www.healthywaterways.org <http://www.healthywaterways.org>).
13.   The transportation of all materials to and from the site must be undertaken in a manner such
      that no particle matter escapes onto a public road. All vehicles carrying out materials either to
      or from the site shall be covered to prevent materials including dust being windblown from the
      vehicle.
14.   There is to be no uncontrolled discharge of water onto the slope.
15.   Additional load due to fill, construction equipment or stockpiled materials should not be located
      on the dune slope.


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16.   The use of vibratory equipment of any kind is not permitted to be used, including vibrating
      rollers, the use of vibrating installation techniques for sheet piling and other construction
      vibrations caused by excavating, earthmoving or demolition machinery or other similar
      construction techniques.
17.   The construction management plan is to be adhered to.
18.   A RPEQ is to be engaged by the client to oversee the piling works.
19.   The applicant’s Geotechnical engineer will be required to be on site for any major excavation.
      The construction of the whole of the foundations is to be overseen and directed by a
      consulting Geotechnical engineer. If there is a risk of sand movement occurring, all work shall
      be suspended until such steps, approved by the applicant’s Geotechnical engineer, have been
      taken to ensure that no further slippage will result.
Land Development
Lot Amalgamation
20.   All separate, adjoining lots that form part of this application shall be amalgamated into one
      undivided lot in accordance with Section 3.7.3 of the Integrated Planning Act and the Plan of
      Survey submitted for registration at the Land Titles Office. Proof of title being issued for the
      amalgamated lot shall be submitted to Council prior to the use commencing.
Vehicle Access
21.   Vehicle access to the development shall be provided off Seaview Terrace via a variable width
      driveway (4.5m wide at edge of the road bitumen and 6.5m wide at the property boundary)
      generally in accordance with the submitted Drawing Nos 06668 – C3 (A) and 06668 –C4 (A)
      dated December 2006 by TOD Noosa, except as modified herein.
22.   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 level difference. Should any driveways be
      constructed to grades that do not comply with AS2890.1-2004, 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.
23.   The design and the construction of the access drive shall ensure that surface runoff is directed
      away from the garage and that an overland secondary flow path and/or adequate grated drain
      shall be provided and constructed to discharge in a manner that does not cause scouring to
      the sand dune slope or adversely impact on the adjoining properties.
Carparking
24.   Carparking shall be provided within the site as shown on the submitted Drawing No 06668 –
      C4 (A) dated December 2006 by TOD Noosa, except as modified herein.
25.   The carparking area shall be designed to comply with the provisions of AS 2890.1-2004 for
      user class 1A with a minimum head clearance (headroom) at any point of 2.2m.
Vegetation Protection & Preservation
26.   All vegetation removal shall be minimised. Any bared soil shall be revegetated immediately, or
      protected from erosion (eg by using erosion control matting) until revegetated.




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27.   Where retained trees are located in areas proposed to be filled on site (or are located on
      neighbouring allotments to the actual site to be filled), there will be a need to prevent fill
      material from being placed on the trees root system. To this end the design of the filling works
      will need to incorporate terracing around the tree or a similar means of ensuring that the
      natural ground level around the trees remains generally the same as existing. These
      measures shall clearly be shown on the plans submitted for Operational Works approval and
      any drainage required to drain these areas shall also be shown on the plans.
Frontage Works
28.   Footpath improvements such as topsoiling, grassing, and tree planting are required to the
      frontage of the site in accordance with Planning Scheme Policy PSP03 Landscaping Plants &
      Guidelines. Grass shall be couch, free of weeds.
Stormwater Drainage
29.   All stormwater drainage shall be collected on site and discharged generally in accordance with
      the engineering plans, Drawings Nos 1658 and 1658-1 dated 13 December 2006 by
      Construction Hydraulic Building Service Engineers and as amended by the Plumbing Permit.
30.   Roof runoff from any new dwelling shall be directed to a rainwater storage system or tank
      (minimum storage 5000 litres per dwelling) that is installed to ensure water from the tank can
      be used for external uses (such as watering gardens, irrigation, ornamental ponds, water
      features, topping-up swimming pools, outdoor cleaning, etc) and for use in flushing of toilets
      internal to the dwelling or as approved in the Plumbing Permit. All rainwater tanks are to be
      designed and installed in accordance with the Queensland Development Code (QDC), Part 25
      – Rainwater Tanks, and shall be part of the plumbing application in conjunction with the
      building approval. The location and capacity of the tank and infiltration trenches shall be
      clearly shown on the plans submitted for Building Works approval and any overflow shall be
      directed to infiltration and/or overflow trenches generally in accordance with Drawings Nos
      1658 and 1658-1 dated 13/12/2006 by Construction Hydraulic Building Service Engineers and
      ensuring not to adversely impact on the sand dune slope and/or the adjoining properties. A
      Compliance Permit for plumbing works shall be required.
31.   All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
32.   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.
33.   All effluent waste flows from the developed site shall be directed to the internal pump well or
      holding tank/s generally in accordance with the Integrated Water Management Plan report
      dated December 2006 and Drawing No 1658-2 dated 13 December 2006 by Construction
      Hydraulic Building Service Engineers.
34.   The sewer pumping system shall have minimum a 12 hour storage capacity between alarm
      and overflow levels. The system is to be connected to a 24 hour monitoring service which is
      notified in the event of a high level alarm. The system shall be designed to ensure that the
      pressure main has less than a one hour detention time to prevent odour production including
      during occupant absences. A flushing system may be required to ensure detention times do
      not exceed one hour. Engineering plans for the sewer layout and the sewer pumping system
      shall be submitted to Council for approval prior to the Pluming and Drainage Application. Any
      enquires in relation to this matter can be directed to Council’s Sewer Section (Tel 54495288).
Earthworks and Site Stability
35.   All civil works on the site shall take into consideration the findings and the recommendations of
      the geotechnical investigation report Project 306-2512 dated December 2006 by Soil Surveys
      Engineering.

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36.   Earthworks required on site shall be undertaken without the use of vibratory equipment and in
      a manner does not compromise the stability of the site or adversely impact on the stormwater
      drainage pattern and be in accordance with the recommendations of the geotechnical
      investigation report Project 306-2512 dated December 2006 prepared by Soil Surveys
      Engineering.
37.   All excavations both temporary and permanent must be adequately retained to prevent the
      occurrence of landslip and the retention works shall be carried under direct guidance and
      supervision of a geotechnical engineer.
38.   Earthworks carried out on site shall not affect the structural integrity of any of the existing
      fences, services, road stability or structures that border the development site. Fences that are
      affected shall be replaced prior to plan endorsement. In this regard any fences to be replaced
      shall be clearly shown on the plans submitted for Operational Works approval.
39.   The footings and foundation works shall be founded to a depth recommended by a
      geotechnical engineer. Any shallow footings or ground bearing slabs design shall address the
      potential of slope movement in detail.
40.   Detailed design engineering plans of the foundation and retention works shall be submitted to
      Council prior to obtaining the Development Permit for Operational Works. The design plans
      shall be certified by a suitably experienced RPEQ.
41.   A Geotechnical Engineer or similar qualified expert shall establish whether any measures are
      required to protect the stability of adjoining buildings and/or structures, and make
      recommendations on the type of foundation system(s) best suited for the proposed
      development. This information shall be submitted to the Council for assessment and approval
      prior to obtaining a Development Permit for Operational Works.
42.   An existing Conditions Survey is to be carried out on adjoining buildings, structures, fences
      and landscaping prior to any construction works taking place on site. If distress already exists,
      a photographic survey shall be undertaken, the distress measured and a plan to monitor
      changes to distress shall be implemented. A copy of this report is to be submitted to Council
      within 5 business days of survey and prior to construction work proceeding.
Erosion and Sediment Control
43.   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. Giving the sensitivity of the site the type of
      erosion control devices and the manner of their installation shall not compromise the integrity
      of the sand dune and the steep slope.
44.   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.
General
45.   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.
46.   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.
47.   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.



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Additional Condition
48.   The three (3) Casuarina species trees in the road reserve adjacent to the subject site shall be
      replaced with three (3) Acronychia imperforate (Fraser Island Apple) species of 45 Litre pot
      size.
5     REFERRAL AGENCY CONDITIONS

The referral agencies applicable to this application are:

 Referral Trigger            Referral Status     Referral Agency       Referral Address

 The application involves    Concurrence         Environmental         PO Box 15155
 a material change of        Agency              Protection Agency     CITY EAST QLD 4002
 use assessable under a
 planning scheme
 involving operational
 works carried out
 completely or partly in a
 coastal management
 district

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 Assessment
Manager conditions.

7     ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1.    The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
      Local Law No. 12, prevents a builder or building contractor carrying out building work on a
      building site in a way that makes or causes audible noise to be made from the building work:-
      1.1.   On a Sunday or public holiday, at any time; or
      1.2.   On a Saturday or a business day, before 7.00am or after 6.30pm.
      A maximum penalty of $1,500 applies to an offence under this legislation.
2.    Any building works partly or completely seaward of the Coastal Building Line under the
      Coastal Protection and Management Act 1995 requires referral to the Environmental
      Protection Agency.
3.    Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if
      the cost of operational works exceeds $80,000, then a portable long service leave levy is
      required to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight
      the approved form issued by the Building and Construction Industry (Portable Long Service
      Leave) Authority that confirms that the requirements of the Act have been satisfied. A statutory
      declaration outlining the cost of the operational works must be submitted to Council with the
      lodgement of any application for operational works over the site.
4.    Fencing to the swimming pool must comply with the Queensland Building Act 1975 Part 3 (as
      amended) and Part 5 of Standard Building Regulation 1993 in all respects. Direct access from
      the dwelling to the pool enclosure is not permitted.


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5.    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.
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.
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

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
 Development Permit for Building Works          All Building Works

 Development Permit for Operational             Landscaping, Carparking and Access, Site Civil
 Works                                          Works, Stormwater Drainage and Erosion and
                                                Sediment Control

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).
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15     OTHER DETAILS

Should you wish to obtain more information about Council’s decision electronic copies of Council’s
decision are available on line at www.sunshinecoast.qld.gov.au, or at Council Offices.

DECISION NOTICE HISTORY
 Original Decision Notice issued 27 February
  2007.
 Compiled Decision Notice issued 14
  December 2007 with deletion of Condition 3.5
  and inclusion of an additional Condition.
 Changes to an Existing Approval issued 12
  June 2008 with amendment to Condition 3.3.

Yours faithfully,




Daniel Smith
ASSISTANT PLANNING OFFICER




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Referral Agency Conditions –
Environmental Protection Agency
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




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ecoaccess

environmental licences and permits
Notice
Notice of Decision — Development Approval

The Activity for which this development approval is issued is simply a restatement of the activity as prescribed in the
legislation at the time of issuing this development approval. Where there is any conflict between the above description
of the Activity for which this development approval is issued and the conditions as specified in this development
approval as to the scale, intensity or manner of carrying out of the Activity, then such conditions prevail to the extent of
the inconsistency.

This development approval authorises the Activity. it does not authorise environmental harm unless a concurrence
agency condition within this development approval explicitly authorises that harm. Where there is no condition, or the
development approval is silent on a matter, the lack of a condition or silence shall not be construed as authorising harm.

As part of the concurrence agency response the following development conditions are to be attached to the
development approval:
Conditions:

Agency Interest: Coastal

The material change of use that is a dwelling house and swimming pool are to be in accordance with the attached
plans: . .

0502.SK02_ dated July 2005; and
W2397sl. dated 25 November 2005.

Yours sincerely

 

 

Kk. Kd | 28/2/86,

 

 

 

 

‘Signature Decision Date
Rod Kent Enquiries: :
Operations Manager Coastal . Allen Johns — Coastal Unit
Environmental Operations (Southern Region) Environmental Protection Agency (Southern)
Environmental Protection Agency PO Box 15155

CITY EAST QLD 4002
Telephone: 3224 5099
Facsimile: 3221 0768

 

Page 2 of 2 + 09/03 Version 1.1 Environmental Protection Agency

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Extract from the Integrated Planning Act 1997 :

Division 8—Appeals to court relating to development applications
Appeals by applicants
4.1.27 (1) An applicant for a development application may appeal to the court against any of the following -

(a) the refusal, or ihe 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

(c) the decision to give a preliminary approval when a development permit was applied for;

(d) the léngth of a currency period;

(e) a deemed refusal.

(2) An appeal under subsection (1)(a) to (d) must be started within 20 business days (the
“applicant’s appeal period”) after the day the decision notice or negotiated decision notice is
given to the applicant.

(3) An appeal under subsection (1)(e) may be started at any time after the last day a decision on the
matter should have been made. ,

  

Appeals by submitters
4.1.28 (1) A submitter for a development application may appeal to the court about -
(a) the giving of a development approval, including any conditions (or lack of conditions) or other

provisions of the approval; or
(b) the length of a currency period for the approval.

(2) The appeal must be started within 20 business days (the “submitter’s appeal period”) after the
day the decision notice or negotiated decision notice is given to the submitter.

(3) if a person withdraws a submission before the application is decided, the person may not appeal
the decision.

(4) If an application involves both impact assessment and code assessment, appeat rights for
submitters are available only for the part of the application involving impact assessment.

Appeals by advice agency submitters
4.4.29 (1) An advice agency may, within the limits of its jurisdiction, appeal to the court about the giving of a
development approval for a development application if -
(a) the development application involves impact assessment; and
(b)} the advice agency told the applicant and the assessment manager to treat its response to the
application as a submission for an appeal.

(2) The appeal must be started within 20 business days after the day the decision notice or
negotiated notice is given to the advice agency as a submitter.

Appeals for matters arising after approval given (co-respondents)
4.4,30 (1) For a development approval given for a development application, 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 for an extension of the currency period for an approval;
(b) a notice giving a decision on a request to make a minor change to an approval.

(2) The appeal must be started within 20 business days after the day the notice of the decision is
given to the person.

(3) Subsection (1)(a) does not apply if the approval resulted from a development application
(superseded planning scheme) that was assessed as if it were an application made under a
superseded planning scheme.

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Division 9 - Appeals to court about other matters
Appeals for matters arising after approval given (no co-respondents)

4.1.31 (1) A person to wham 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;

(b) a notice under section 6.1.44 giving a decision to change or cancel a condition of a
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.

Appeals. against enforcement notices

4.1.32 (1) A person who is given an enforcement notice. may appeal to the court against the giving of the
notice.

(2) The appeal must be started within 20 business days after the day notice is given to the person.

Stay of operation of enforcement notice ©

4.1.33 (1) The lodging of a notice of appeal about an enforcement notice stays the operation of the
enforcement notice until -

(a) the court, on the application of the entity issuing the notice, decides otherwise; or
(b) the appeal is withdrawn, or
(c) the appeal is dismissed.

(2) However, subsection (1) does not apply if the enforcement notice is about -

(a) a work, if the enforcement notice states the entity believes the work is a-danger to persons or
arisk to public health; or
{b) carrying out development that is the demolition of a work.

Appeals against decisions on compensation claims

4.1.34 (1) A person who is dissatisfied with a decision under section 5.4.8 or §.5.3 for the payment of
compensation may appeal to the court against -

(a) the decision; or
(b) a deemed refusal of the claim.

(2) An appeal under.subsection (1)(a) must be started with 20 business days after the day notice of
the decision is 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 decisions on requests to acquire designated land under hardship

4.1.35 (1) Aperson who is dissatisfied with a designator's decision to refuse a request made by the person
under section 2.6.19, may appeal to the court against -
(a) the decision, or
(b) a deemed refusal of the request.

(2) An appeal under subsection (1){a) must be started within 20 business days after the day notice of
the decision is 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 from tribunals

4.1.37 (1) A party to a proceeding decided by a tribunal may appeal to the court agains the tribunal’s.
decision, but only on the ground -

(a) of error or mistake in taw on the part of the tribunal; or

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(b) that the tribunal had no jurisdiction to make the decision or exceeded its jurisdiction in making
the decision.

(2) An appeal against a tribunal's decision must be started within 20 business days after the day
notice of the tribunal’s decision is given to the party.

_ Court may remit matter to tribunal!

4.1.38 \f an appeal includes a matter within the jurisdiction of a tribunal and the court is satisfied the
matter should be dealt with by a tribunal, the court must remit the matter to the tribunal for
decision. : .

Division 10 - Making an appeal to court
How appeals to the court are started

4.1.39 (1) An appeal is started by lodging written notice of appeal with the registrar of the court.
(2) The notice of appeal must state the grounds of the appeal.

(3) The person starting the appeal must also comply with the rules of the court applying to the :
appeal.

(4) However, the court may hear and decide an appeal even if the person has not complied with
subsection (3).

Certain appellants must obtain information about submitters

4.1.40 (4) If the applicant or a submitter for a development application appeals about the part of the
application involving impact assessment, the appeltant must ask the assessment manager to give
the appellant the name and address of each principal submitter who made a properly made

’ submission about the application and has not withdrawn the submission.

{2) The assessment manager must give the information requested under subsection (1) as soon as
practicable.

Notice of appeal to other parties (div 8)

4.1.41 (1) An appellant under division 8 must, within 10 business days after the day the appeal is started (or
if information is requested under section 4.1.40, within 10 business days after the day the
appellant is given the information) give written notice of the appeal to -

(a) if the appellant is an applicant - the assessment manager, any concurrence agency, any
principal submitter whose submission has not been withdrawn and any advice agency treated
as a submitter whose submission has not been withdrawn, or

(b) if the appellant is a submitter or an advice agency whose response to the development
application is treated as a submission for an appeal - the assessment manager, the applicant
and any concurrence agency; or

(c) if the appellant is a person to whom a notice mentioned in section 4.1.30 has been given - the
assessment manager and any entity that was a concurrence agency for the development
application.

(2) The notice must state -

(a) the grounds of the appeal; and .

(b) if the person given the notice is not the respondent or a co-respondent under section 4.1.43 -
that the person, within 10 business days after the day the notice is given, may elect to
become a co-respondent to the appeal.

Notice of appeal to other parties (div 9)

44 42 (1). An appellant under division 9 must, within 10 business days after the day the appeal is started
give written notice of the appeal to -

{2) if the appellant is a person to whom a notice mentioned in section 4.1.31" has been given -
the entity that gave the notice; or

(b) if the appellant is a person to whom an enforcement notice is given - the entity that gave the
notice and if the entity is not the local government, the local government; or

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[OCR of page images]
2005/2200

 

(N

(c) if the appellant is a person dissatisfied with a decision about compensation - the local
government that decided the claim; or

(d) if the appellant is a person dissatisfied with a decision about acquiring designated land - the
designator; or

(e) if the appellant is a person who is disqualified as a private certifier - the entity disqualifying the
person and if the entity disqualifying the person is not the accrediting body, the accrediting
body; or

{f) if the appellant is a party toa proceeding decided by a tribunal - the other party to the
proceeding.

(2) The notice must state the grounds of the appeal.

Respondent and co-respondents for appeals under div 8
4.1.43 (1) This section applies to appeals under division 8 for a development application.
(2) The assessment manager is the respondent for the appeal.
(3) If the appeal is started by a submitter, the applicant is a co-respondent for the appeal.

(4) If the appeal is about a concurrence agency response, the concurrence agency is @ co-
respondent for the appeal.

(5) If the appeal is only about a concurrence agency response, the assessment manager may apply
to the court to withdraw from the appeal. .

(6) The respondent and any co-respondents for an appeal are’entitled to be heard in the appeal as a
party to the appeal.

(7) A person to whom a notice of appeal is required to be given under section 4.1.41 and who is not
the respondent or a co-respondent for the appeal may elect to be a co-respondent.

Respondent and co-respondents for appeals under div 9
4.1.44 (1) This section applies if an entity is required under section 4.1.42 to be given a notice of an appeal.
(2) The entity given written notice is the respondent for the appeal.

(3) However, if under a provision of the section rnore than 1 entity is required to be given notice, only
the first entity mentioned in the provision is the respondent.

(4) The second entity mentioned in the provision may elect to be a co-respondent.

How a person may elect to be co-respondent

4.1.45 (1) An entity elects to be a co-respondent by lodging in the court, within 10 business days after the
day the notice of the appeal is given to the entity, a notice of election under the rules of court.

{2) If a principal submitter is entitled to elect to become a co-respondent, any other submitter for the
submission may also elect to become a co-respondent to the appeal.

Minister entitled to be represented in an appeal involving a State interest

4.1.46 If the Minister is satisfied that an appeal involves a State interest, the Minister is entitled to be
represented in the appeal.

Lodging appeal stops certain actions

4.1.47 (1) Ian appeal (other than an appeal under section 4.1 .30) is started under division 8, the
development must not be started until the appeal is decided or withdrawn.

(2) Despite subsection (1), if the court is satisfied the outcome of the appeal would not be affected if
a the development or part of the development is started before the appeal is decided, the court
_ may allow the development or part of the development to start before the appeal is decided.

Page 15 of 19

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Page 16 of 19

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APPROVED
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Report No: W2397s1.
Client Name: C & R Grant C / J Norden & Associates.

Report Date: November 25, 2005.
Site Address: No 46 & 48 Seaview Terrace, Sunshine Beach.

 

 

0022/G002

Page 18

                                                                                                   2005/2200


                                                    Appeal Rights
                                                    INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




The following is an extract from the Integrated                       (5) If an application is processed under section
Planning Act (Chapter 4).                                       6.1.28(2), appeal rights for submitters for the
                                                                application are available only for the aspects of the
Division 8 - Appeals to court relating to                       development that would have required public
development applications                                        notification under the repealed Act.
Appeals by applicants                                                 (6) If an application involves assessment against a
4.1.27.(1) An applicant for a development application           concurrence agency code, appeal rights for
may appeal to the court against any of the following-           submitters for the application are not available against
(a) the refusal, or the refusal in part, of a development       the part of the approval that represents the
    application;                                                concurrence agency’s response for the code.
(b) a matter stated in a development approval,                  Appeals by advice agency submitters
    including any condition applying to the                     4.1.29.(1) An advice agency may, within the limits of
    development, and the identification of a code               its jurisdiction, appeal to the court about the giving of
                          1
    under section 3.1.6;                                        a development approval for a development
(c) the decision to give a preliminary approval when a          application if-
    development permit was applied for;                         (a) the development application involves impact
(d) the length of a currency period;                                  assessment; and
(e) a deemed refusal.                                           (b) the advice agency told the applicant and the
                                                                      assessment manager to treat its response to the
    (2) An appeal under subsection (1)(a) to (d) must                 application as a submission for an appeal.
be started within 20 business days (the “applicant’s
appeal period”) after the day the decision notice or                  (2) The appeal must be started within 20 business
negotiated decision notice is given to the applicant.           days after the day the decision notice or negotiated
                                                                decision notice is given to the advice agency as a
    (3) An appeal under subsection (1)(e) may be                submitter.
started at any time after the last day a decision on the
matter should have been made.                                   Appeals for matters arising after approval given
                                                                (co-respondents)
Appeals by submitters
                                                                4.1.30.(1) For a development approval given for a
4.1.28.(1) A submitter for a development application            development application, a person to whom any of the
may appeal to the court about-                                  following notices have been given may appeal to the
(a) the giving of a development approval, including             court against the decision in the notice-
    any conditions (or lack of conditions) or other             (a) a notice giving a decision on a request for
    provisions of the approval; or                                    extension of the currency period for an approval;
(b) the length of a currency period for the approval.           (b) a notice giving a decision on a request to make a
    (2) The appeal must be started within 20 business                 minor change to an approval.
days (the “submitters appeal period”) after the day                   (2) The appeal must be started within 20 business
the decision notice or negotiated decision notice is            days after the day the notice of the decision is given
given to the submitter.                                         to the person.
    (3) If a person withdraws a submission before the                 (3) Subsection (1)(a) does not apply if the
application is decided, the person may not appeal the           approval resulted from a development application
decision.                                                       (superseded planning scheme) that was assessed as
    (4) If an application involves both impact                  if it were an application under a superseded planning
assessment and code assessment, appeal rights for               scheme.
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.
                                                                      (5) An appeal under subsection (4) may be started
                                                                at any time after the last day the decision on the
1                                                               matter should have been made.
    Section 3.1.6 (Preliminary approval may override local
    planning instrument)
                                                                                               Page 18 of 19

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                                                                                              2005/2200


Division 9 - Appeals to court about other matters          Appeals by applicants
Appeals for matters arising after approval given           4.2.9(1) An applicant for a development application
(no co-respondents)                                        may appeal to the Building and Development Tribunal
4.1.31.(1) A person to whom any of the following           against any of the following-
notices have been given may appeal to the court            (a) the refusal, or the refusal in part, of a development
against the decision in the notice-                            application;
(a) a notice giving a decision on a request to change      (b) a matter stated in a development approval,
    or cancel a condition of a development approval.           including any condition applying to the
                                   2
(b) a notice under section 6.1.44 giving a decision to         development, and the identification of a code
                                                                                     3
    change or cancel a condition of a development              under section 3.1.6;
    approval.                                              (c) the decision to give a preliminary approval when a
    (2) The appeal must be started within 20 business          development permit was applied for;
        days after the day the notice of the decision is   (d) the length of a period mentioned in section 3.5.21
        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           (2) An appeal under subsection (1)(a) to (d) must
        the court against a deemed refusal of the          be started within 20 business days (the “applicant’s
        request.                                           appeal period”) after the day the decision notice or
    (4) An appeal under subsection (3) may be started      negotiated decision notice is given to the applicant.
        at any time after the last day the decision on         (3) An appeal under subsection (1)(e) may be
        the matter should have been made.                  started at any time after the last day a decision on the
Appeals against decisions to change approval               matter should have been made.
conditions under the repealed Act                          The Registrar for the Building and Development
4.1.33A.(1) A person who is dissatisfied with a            Tribunal may be contacted at the website
decision made on an application to change the              http://www.localgovernment.qld.gov.au/
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.
For Building Works Only
Rights of appeal conferred by Section 4.2.9 of the
Integrated Planning Act 1997 as follows:
Division 3 – Appeals to tribunals relating to
development applications


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 local
    agency in certain circumstances)                           planning instrument)
                                                                                          Page 19 of 19