Attachment 2 - Current Decision Notice

Noosa Council documents




           NOOSA COUNCIL IDAS Development Application Decision Notice                                                                        6




                                                                Appeal Rights
                                                                INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

               The following is an extract from the Integrated                           (6) If an application involves assessment against a
               Planning Act (Chapter 4).                                              concurrence agency code, appeal rights for
                                                                                      submitters for the application are not available against
               Division 8 - Appeals to                   court     relating     to    the part of the approval that represents the
               development applications                                               concurrence agency’s response for the code.
               Appeals by applicants                                                  Appeals by advice agency submitters
               4.1.27.(1) An applicant for a development application                  4.1.29.(1) An advice agency may, within the limits of
               may appeal to the court against any of the following-                  its jurisdiction, appeal to the court about the giving of
               (a) the refusal, or the refusal in part, of a development              a development approval for a development
                   application;                                                       application if-

               (b) a matter stated in a development approval,                         (a) the development application involves impact
                   including any condition applying to the                                assessment; and
                   development, and the identification of a code                      (b) the advice agency told the applicant and the
                   under section 3.1.6;1                                                  assessment manager to treat its response to the
               (c) the decision to give a preliminary approval when a                     application as a submission for an appeal.
                   development permit was applied for;                                   (2) The appeal must be started within 20 business
               (d) the length of a currency period;                                   days after the day the decision notice or negotiated
                                                                                      decision notice is given to the advice agency as a
               (e) a deemed refusal.                                                  submitter.
                  (2) An appeal under subsection (1)(a) to (d) must                   Appeals for matters arising after approval given
               be started within 20 business days (the “applicant’s                   (co-respondents)
               appeal period”) after the day the decision notice or
               negotiated decision notice is given to the applicant.                  4.1.30.(1) For a development approval given for a
                                                                                      development application, a person to whom any of the
                   (3) An appeal under subsection (1)(e) may be                       following notices have been given may appeal to the
               started at any time after the last day a decision on the               court against the decision in the notice-
               matter should have been made.
                                                                                      (a) a notice giving a decision on a request for
               Appeals by submitters                                                      extension of the currency period for an approval;
               4.1.28.(1) A submitter for a development application                   (b) a notice giving a decision on a request to make a
               may appeal to the court about-                                             minor change to an approval.
               (a) the giving of a development approval, including                        (2) The appeal must be started within 20 business
                   any conditions (or lack of conditions) or other                    days after the day the notice of the decision is given
                   provisions of the approval; or                                     to the person.
               (b) the length of a currency period for the approval.                        (3) Subsection (1)(a) does not apply if the
                                                                                      approval resulted from a development application
                   (2) The appeal must be started within 20 business
                                                                                      (superseded planning scheme) that was assessed as
               days (the “submitters appeal period”) after the day
                                                                                      if it were an application under a superseded planning
               the decision notice or negotiated decision notice is
                                                                                      scheme.
               given to the submitter.
                                                                                         (4) Also, a person who has made a request
                  (3) If a person withdraws a submission before the
                                                                                      mentioned in subsection (1) may appeal to the court
               application is decided, the person may not appeal the
                                                                                      against a deemed refusal of the request.
               decision.
                                                                                         (5) An appeal under subsection (4) may be started
                  (4) If an application involves both impact
                                                                                      at any time after the last day the decision on the
               assessment and code assessment, appeal rights for
                                                                                      matter should have been made.
               submitters are available only for the part of the
               application involving impact assessment.                               Division 9 - Appeals to court about other matters
                   (5) If an application is processed under section                   Appeals for matters arising after approval given
               6.1.28(2), appeal rights for submitters for the                        (no co-respondents)
               application are available only for the aspects of the
               development that would have required public                            4.1.31.(1) A person to whom any of the following
               notification under the repealed Act.                                   notices have been given may appeal to the court
                                                                                      against the decision in the notice-
               1    Section 3.1.6 (Preliminary approval may override local planning   (a) a notice giving a decision on a request to change
                   instrument)                                                            or cancel a condition of a development approval.


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                                                                                                                     Print Date: 28 February 2024, 10:52 AM