Decision Letter - Change to an Existing Approval - 010.2007.00002431.002 [As Published] · 142007.2431.02

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                                                                                        2007/2431

      14.   In conjunction with the works indicated on the approved drawings the applicant shall
            provide additional plantings to suitably screen the proposed fencing from the north-
            western or “Park” side.

C.    Issue a Change to an Existing Approval.

3     RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.

4     ASSESSMENT MANAGER CONDITIONS
Landscaping
1.    The site is to be developed in accordance with the approved plans titled and numbered
      Operational Works Landscape Plan – LGGG 850 – LA01 01 of 03 Issue D and LGGG 850
      LA02 of 03 Issue C, prepared by Landgraphics and dated Nov 07 and Operational Works
      Landscape Plan – North West Boundary – LGGG 1206 Issue G sheets 1 and 2 prepared by
      Landgraphics and dated January 2008 and as may be amended by these conditions.
2.    The road reserve area adjacent to Walter Hay Drive North of the access to the development at
      this frontage shall be planted with an additional 6 x Cupaniopsis anacardioides street trees at
      centres of a maximum of 8 metres.
3.    All manholes, inspection pits and grates are to be raised to finish surface level and kept free of
      cover and be visible at all times to ensure prompt access in case of emergency.
4.    All native plant species located in group plantings shall not be subjected to any hedging
      maintenance regimes.
5.    Street trees shall be planted a minimum of 1m from the back of the kerb in the road reserve
      verge.
6.    All street trees and internal trees 45 litre and greater must be securely tied and staked to
      assist their growth during the establishment period.
7.    The density of planting must achieve the set out requirements as detailed on the approved
      landscape plan.
8.    Plants shall be grouped in mulched beds rather than planted individually to provide for
      optimum growing conditions and less maintenance.
9.    Prior to commencement of earthworks and removal of trees, all existing trees nominated for
      retention on the approved Council plans must be cordoned off with protective barricade
      fencing to prevent impact from all future construction works.
10.   All target or hazard pruning required on trees to be retained must be carried out by a qualified
      experienced arborist.
11.   The applicant must ensure that all landscaping treatment does not unduly restrict/prevent
      access to service meters within the site.
12.   This Development Permit lapses if the development has not happened by 23 January 2010
      unless application to extend the currency is approved by Council.
13.   The maintenance and appearance of the fencing erected on or adjacent to the property
      boundaries of Lot 2 on SP162077, including the fencing erected on the north-western side of
      the man made waterway in the north-western corner of the site, shall be the responsibility of
      the property owners of Lot 2 SP162077.
14.   In conjunction with the works indicated on the approved drawings the applicant shall provide
      additional plantings to suitably screen the proposed fencing from the north-western or “Park”
      side.
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C.
3

14. In conjunction with the works indicated on the approved drawings the applicant shall
provide additional plantings to suitably screen the proposed fencing from the north-
western or “Park” side.

Issue a Change to an Existing Approval.

RELEVANT PERIOD OF APPROVAL

The relevant period for this Development Approval is identified in the Assessment Manager
conditions.

4

ASSESSMENT MANAGER CONDITIONS

Landscaping

1.

10.

11.

12.

13.

14.

The site is to be developed in accordance with the approved plans titled and numbered
Operational Works Landscape Plan - LGGG 850 — LA01 01 of 03 Issue D and LGGG 850
LAO2 of 03 Issue C, prepared by Landgraphics and dated Nov 07 and Operational Works
Landscape Plan — North West Boundary —- LGGG 1206 Issue G sheets 1 and 2 prepared by
Landgraphics and dated January 2008 and as may be amended by these conditions.

The road reserve area adjacent to Walter Hay Drive North of the access to the development at
this frontage shall be planted with an additional 6 x Cupaniopsis anacardioides street trees at
centres of a maximum of 8 metres.

All manholes, inspection pits and grates are to be raised to finish surface level and kept free of
cover and be visible at all times to ensure prompt access in case of emergency.

All native plant species located in group plantings shall not be subjected to any hedging
maintenance regimes.

Street trees shall be planted a minimum of 1m from the back of the kerb in the road reserve
verge.

All street trees and internal trees 45 litre and greater must be securely tied and staked to
assist their growth during the establishment period.

The density of planting must achieve the set out requirements as detailed on the approved
landscape plan.

Plants shall be grouped in mulched beds rather than planted individually to provide for
optimum growing conditions and less maintenance.

Prior to commencement of earthworks and removal of trees, all existing trees nominated for
retention on the approved Council plans must be cordoned off with protective barricade
fencing to prevent impact from all future construction works.

All target or hazard pruning required on trees to be retained must be carried out by a qualified
experienced arborist.

The applicant must ensure that all landscaping treatment does not unduly restrict/prevent
access to service meters within the site.

This Development Permit lapses if the development has not happened by 23 January 2010
unless application to extend the currency is approved by Council.

The maintenance and appearance of the fencing erected on or adjacent to the property
boundaries of Lot 2 on SP162077, including the fencing erected on the north-western side of
the man made waterway in the north-western corner of the site, shall be the responsibility of
the property owners of Lot 2 SP162077.

In conjunction with the works indicated on the approved drawings the applicant shall provide
additional plantings to suitably screen the proposed fencing from the north-western or “Park”
side.

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                                                                                         2007/2431


5     REFERRAL AGENCY CONDITIONS

Not Applicable.

6     APPROVED PLANS
The approved plans for this development approval are listed in the following table:

 Plan No.                                Rev.    Plan Name                                     Date
 Operational Works Landscape Plan                LGGG 850 – LA01 01 of 03 - Issue D            Nov 07
                                                 prepared by Landgraphics
 Operational Works Landscape Plan                LGGG 850 LA02 of 03 - Issue C                 Nov 07
                                                 prepared by Landgraphics
 Operational Works Landscape Plan                LGGG 1206 Issue G sheets 1 and 2              January
 – Northwest Boundary                            prepared by Landgraphics                      2008

7     ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1.    Should any changes or modifications to the approved plans be required as a result of
      construction constraints, a Change to an Existing Approval Application under the Integrated
      Planning Act must be made. Amended plans clearly indicating the changes must be lodged
      with this application along with the appropriate fees.
2.    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:-
      2.1. On a Sunday or public holiday, at any time; or
      2.2. 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.
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 prior to the
      commencement of any works over the site.
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 (ACH Act).
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 ACH 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.


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5 REFERRAL AGENCY CONDITIONS
Not Applicable.
6 APPROVED PLANS

The approved plans for this development approval are listed in the following table:

Plan No. Rev. Plan Name Date

Operational Works Landscape Plan LGGG 850 —LA01 01 of 03 - Issue D Nov 07
prepared by Landgraphics

Operational Works Landscape Plan LGGG 850 LA02 of 03 - Issue C Nov 07
prepared by Landgraphics

Operational Works Landscape Plan LGGG 1206 Issue G sheets 1 and 2 January

— Northwest Boundary prepared by Landgraphics 2008

7 ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of
approval:

1. Should any changes or modifications to the approved plans be required as a result of
construction constraints, a Change to an Existing Approval Application under the Integrated
Planning Act must be made. Amended plans clearly indicating the changes must be lodged
with this application along with the appropriate fees.

2. 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:-

2.1. Ona Sunday or public holiday, at any time; or
2.2. Ona 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.

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 prior to the
commencement of any works over the site.

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 (ACH Act).

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”. \t 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 ACH 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.

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                                                                                    2007/2431


8     PROPERTY NOTES

Not Applicable.

9     PRELIMINARY APPROVAL OVERRIDING SCHEME
Not Applicable.

10    FURTHER DEVELOPMENT PERMITS REQUIRED
Not Applicable.

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.

15    OTHER DETAILS

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.


Decision Notice History
23 January 2008 -              Original Decision Notice.
4 September 2009 -             Approved amendment to Condition 1 and addition of
                               Conditions 13 & 14.


Yours faithfully




Mark Lewis
Acting Coordinator Development Construction




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8 PROPERTY NOTES

Not Applicable.

9 PRELIMINARY APPROVAL OVERRIDING SCHEME
Not Applicable.

10 FURTHER DEVELOPMENT PERMITS REQUIRED
Not Applicable.

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.

15 OTHER DETAILS

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

Decision Notice History
23 January 2008 - Original Decision Notice.

4 September 2009 - Approved amendment to Condition 1 and addition of
Conditions 13 & 14.

Yours faithfully

Mark Lewis
Acting Coordinator Development Construction

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                                                                                                        2007/2431


                                                        Appeal Rights
                                                        INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




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 the part of
Division 8 - Appeals to                court   relating   to        the approval that represents the concurrence agency’s
development applications                                            response for the code.
Appeals by applicants                                               Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application               4.1.29.(1) An advice agency may, within the limits of its
may appeal to the court against any of the following-               jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development           development approval for a development application if-
      application;                                                  (a) the development      application    involves   impact
(b) a matter stated in a development approval, including               assessment; and
      any condition applying to the development, and the            (b) the advice agency told the applicant and the
      identification of a code 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 relevant 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 be            Appeals for matters arising after approval given
started within 20 business days (the “applicant’s appeal            (co-respondents)
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 started
                                                                    following notices have been given may appeal to the
at any time after the last day a decision on the matter
                                                                    court against the decision in the notice-
should have been made.
                                                                    (a) a notice giving a decision on a request for extension
Appeals by submitters
                                                                       of the relevanrt period for an approval;
4.1.28.(1) A submitter for a development application may
                                                                    (b) a notice giving a decision on a request to make a
appeal to the court about-
                                                                       minor change to an approval.
(a) the giving of a development approval, including any
                                                                        (2) The appeal must be started within 20 business
      conditions (or lack of conditions) or other provisions
                                                                    days after the day the notice of the decision is given to
      of the approval; or
                                                                    the person.
(b) the length of a relevant period for the approval.
                                                                        (3) Subsection (1)(a) does not apply if the approval
    (2) The appeal must be started within 20 business               resulted from a development application (superseded
days (the “submitters appeal period”) after the day the             planning scheme) that was assessed as if it were an
decision notice or negotiated decision notice is given to           application under a superseded planning scheme.
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 at
    (4) If an application involves both impact assessment           any time after the last day the decision on the matter
and code assessment, appeal rights for submitters are               should have been made.
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 application         (no co-respondents)
are available only for the aspects of the development that          4.1.31.(1) A person to whom any of the following notices
would have required public notification under the                   have been given may appeal to the court against the
repealed Act.                                                       decision in the notice-
                                                                    (a) a notice giving a decision on a request to change or
                                                                       cancel a condition of a development approval.
1
    Section 3.1.6 (Preliminary approval may override local
    planning instrument)
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|Sunshine Coast Appeal Rights

INTEGRATED PLANNING ACT 1997 & 1998 REGULATION

 

The following is an extract from the Integrated
Planning Act (Chapter 4).

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 the 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 3.1.6;'

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

(d) the length of a relevant 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 relevant period for the approval.

(2) The appeal must be started within 20 business
days (the “submitters 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, appeal rights for submitters are
available only for the part of the application involving
impact assessment.

(5) If an application is processed under section
6.1.28(2), appeal rights for submitters for the application
are available only for the aspects of the development that
would have required public notification under the
repealed Act.

' Section 3.1.6 (Preliminary approval may override local
planning instrument)

(6) If an application involves assessment against a
concurrence agency code, appeal rights for submitters
for the application are not available against the part of
the approval that represents the concurrence agency's
response for the code.

Appeals by advice agency submitters

4.1.29.(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
decision notice is given to the advice agency as a
submitter.

Appeals for matters arising after approval given
(co-respondents)

4.1.30.(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 extension
of the relevanrt 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 under a superseded planning scheme.

(4) Also, a person who has made a _ request
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 matter
should have been made.

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 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 to change or
cancel a condition of a development approval.

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                                                                                                2007/2431

(b) a notice under section 6.1.442 giving a decision to      (c) the decision to give a preliminary approval when a
    change or cancel a condition of a development                  development permit was applied for;
    approval.                                                (d) the length of a period mentioned in section 3.5.21
    (2) The appeal must be started within 20 business              relevant period;
       days after the day the notice of the decision is      (e) a deemed refusal.
       given to the person.
                                                                 (2) An appeal under subsection (1)(a) to (d) must be
    (3) Also, a person who has made a request                started within 20 business days (the “applicant’s appeal
       mentioned in subsection (1)(a) may appeal to the      period”) after the day the decision notice or negotiated
       court against a deemed refusal of the request.        decision notice is given to the applicant.
    (4) An appeal under subsection (3) may be started at         (3) An appeal under subsection (1)(e) may be started
       any time after the last day the decision on the       at any time after the last day a decision on the matter
       matter should have been made.                         should have been made.
Appeals against decisions to change approval conditions      The Registrar for the Building and Development
under the repealed Act                                       Tribunal may be contacted at the website
4.1.33A.(1) A person who is dissatisfied with a decision     http://www.localgovernment.qld.gov.au/
made on an application to change the conditions
attached to an approval given under section 2.19(3)or        For Infrastructure Charges Only
section 4.4 of the repealed Act may appeal to the court      4.1.36 Appeals about particular infrastructure
against-                                                     charges
(a) the decision; or                                         (1) This section applies to a person who has been
(b) a deemed refusal of the application.                     given, and is dissatisfied with, an infrastructure charges
                                                             notice or a regulated State infrastructure charges notice.
    (2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of      (2) The person may appeal to the court against the
the decision is to be given to the person.                   notice.
    (3) An appeal under subsection (1)(b) may be started     (3) The appeal must be started within 20 business days
at any time after the last day a decision on the matter      after-
should have been made.                                       (a) if the notice is given because of a development
Appeals against local laws                                        approval or master plan approval-the day the
                                                                  applicant is given notice of the decision about the
4.1.33B.(1) An applicant who is dissatisfied with a
                                                                  approval; or
decision of a local government or the conditions applied
under a local law about the use of premises or the           (b)    otherwise-the day the notice is given to the person.
erection of a building or other structure permitted by the   (4)    An appeal under this section may only be about-
planning scheme may appeal to the court against the
                                                             (a) whether a charge in the notice is so unreasonable
decision or the conditions applied.                              that no reasonable relevant local government, State
    (2) The appeal must be started within 20 business            infrastructure provider or coordinating agency could
days after the day notice of the decision is given to the        have imposed it; or
applicant.
                                                             (b) an error in the calculation of the charge.
For Building Works Only                                      (5) To remove any doubt, it is declared that an appeal
Rights of appeal conferred by Section 4.2.9 of the           under this section can not be about the methodology
Integrated Planning Act 1997 as follows:                     used to establish the charge in the relevant infrastructure
Division 3 – Appeals to tribunals relating to                charges schedule or regulated State infrastructure
development applications                                     charges schedule.
Appeals by applicants
4.2.9(1) An applicant for a development application may
appeal to the Building and Development Tribunal against
any of the following-
(a) the refusal, or the 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 3.1.6;3


2
   Section 6.1.44 (Conditions may be changed or
  cancelled by assessment manager or concurrence
  agency in certain circumstances)
3
  Section 3.1.6 (Preliminary approval may override local
  planning instrument)
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(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.

(3) Also, a person who has made a_ request
mentioned in subsection (1)(a) may appeal to the
court against a deemed refusal of the request.

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

Appeals against decisions to change approval conditions
under the repealed Act

4.1.33A.(1) A person who is dissatisfied with a 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.

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

Appeals by applicants

4.2.9(1) An applicant for a development application may

appeal to the Building and Development Tribunal against

any of the following-

(a) the refusal, or the 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 3.1.6;°

2 Section 6.1.44 (Conditions may be changed or
cancelled by assessment manager or concurrence
agency in certain circumstances)

5 Section 3.1.6 (Preliminary approval may override local
planning instrument)

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

(d) the length of a period mentioned in section 3.5.21
relevant 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.

The Registrar for the Building and Development
Tribunal may be contacted at the website
http://www.localgovernment.qlid.gov.au/

For Infrastructure Charges Only

4.1.36 Appeals about particular infrastructure

charges

(1) This section applies to a person who has been

given, and is dissatisfied with, an infrastructure charges

notice or a regulated State infrastructure charges notice.

(2) The person may appeal to the court against the

notice.

(3) The appeal must be started within 20 business days

after-

(a) _ if the notice is given because of a development
approval or master plan approval-the day the
applicant is given notice of the decision about the
approval; or

(b) otherwise-the day the notice is given to the person.

(4) An appeal under this section may only be about-

(a) whether a charge in the notice is so unreasonable
that no reasonable relevant local government, State
infrastructure provider or coordinating agency could
have imposed it; or

(b) an error in the calculation of the charge.

(5) To remove any doubt, it is declared that an appeal

under this section can not be about the methodology

used to establish the charge in the relevant infrastructure
charges schedule or regulated State infrastructure
charges schedule.

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