SUPERSEDED - APPROVED Decision Notice MCU16/0143

Officer:	Patrick Murphy
Direct Telephone:	53296436
Our Reference:	MCU16/0143
Your Reference:	N/A

15 June 2017

CBD Settlers Cove Pty Ltd
C/- Martoo Consulting Pty Ltd
C/- Nadine Gorton
PO Box 1684
NOOSA HEADS  QLD  4567

Dear Sir/Madam

Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 15 June 2017, Council decided to approve the application in full subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU16/0143
Street Address:	12 Serenity Close Noosa Heads, 14 Serenity Close Noosa Heads
Real Property Description:	Lot 7 SP 195871 Lot 8 SP 195871
Planning Scheme:	The Noosa Plan (28 October 2016)
Decision details
The following type of approval has been issued:
Development Permit for Material Change of Use of Premises - Multiple housing Type 4 Conventional - 37 units
Relevant period of approval
The relevant period for this development approval is 4 years starting the day that this development approval takes effect.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
DA02	4	Site Plan Basement – Blackburne Jackson Design	28/02/2017
DA03	4	Site Plan Level 1 – Blackburne Jackson Design	28/02/2017
DA04	4	Site Plan Level 2 – Blackburne Jackson Design	28/02/2017
DA05	4	Site Plan Level 3 – Blackburne Jackson Design	28/02/2017
DA06	4	Site Plan Level 4 – Blackburne Jackson Design	28/02/2017
DA07	4	Site Plan Level 5 – Blackburne Jackson Design	28/02/2017
DA08	4	Stage 4a Basement Recreation Area – Blackburne Jackson Design	28/02/2017
DA09	4	Stage 4a Basement Floor Plan – Blackburne Jackson Design	28/02/2017
DA10	4	Stage 4a Level 1 Entry – Blackburne Jackson Design	28/02/2017
DA11	4	Stage 4a Level 1 – Blackburne Jackson Design Floor Plan	28/02/2017
DA12	3	Stage 4a Level 2 Floor Plan – Blackburne Jackson Design	28/02/2017
DA13	3	Stage 4a Level 3 Floor Plan – Blackburne Jackson Design	28/02/2017
DA14	4	Stage 4a Level 4 Floor Plan – Blackburne Jackson Design	28/02/2017
DA15	5	Stage 4a Level 5 Roof Plan – Blackburne Jackson Design	08/03/2017
DA16	4	Stage 4a South and North Elevations – Blackburne Jackson Design	28/02/2017
DA17	4	Stage 4a Level 3 East and West Elevations – Blackburne Jackson Design	28/02/2017
DA18	4	Stage 4a Level 3 Section A – Blackburne Jackson Design	28/02/2017
DA19	3	Stage 4a Recreation Area – Blackburne Jackson Design	28/02/2017
DA20	4	Stage 4b Basement Recreation Area – Blackburne Jackson Design	28/02/2017
DA21	4	Stage 4b Level 1 Recreation Area – Blackburne Jackson Design	28/02/2017
DA22	4	Stage 4b Level 1 Floor Plan – Blackburne Jackson Design	28/02/2017
DA23	3	Stage 4b Level 2 Floor Plan – Blackburne Jackson Design	28/02/2017
DA24	3	Stage 4b Level 3 Floor Plan – Blackburne Jackson Design	28/02/2017
DA25	3	Stage 4b Level 4 Floor Plan – Blackburne Jackson Design	28/02/2017
DA26	4	Stage 4b Level 5 Roof Plan – Blackburne Jackson Design	08/03/2017
DA27	4	Stage 4b Southwest and Northwest Elevations – Blackburne Jackson Design	28/02/2017
DA28	3	Stage 4b Level 3 Northeast and Southeast Elevations – Blackburne Jackson Design	28/02/2017
DA29	4	Stage 4b Level 3 Section B – Blackburne Jackson Design	28/02/2017
DA30	3	Stage 4b Recreation Area – Blackburne Jackson Design	28/02/2017
DA32	4	Roof Perspective – Blackburne Jackson Design	08/03/2017
DA33	3	Stage 4a Roof Perspective Views – Blackburne Jackson Design	28/02/2017
DA34	3	Stage 4b Roof Perspective Views – Blackburne Jackson Design	28/02/2017
DA35	3	Site Perspectives – Blackburne Jackson Design	28/02/2017
DA36	3	Site Perspectives – Blackburne Jackson Design	28/02/2017
DA42	2	Stage 4a & 4b Driveway Sections – Blackburne Jackson Design	28/02/2017
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.
All exterior surfaces must be in muted and non-reflective tones that blend in with the surrounding natural landscape.
Any fencing provided in conjunction with the development is to be setback at least 1 metre from the road frontage with at least half of any fence setback 2 metres. Dense landscaping is to be provided between the road frontage and any fencing.
The building height shall not exceed the Reduced Levels indicated on the approved plans.  Prior to the release of the performance bond a verification certificate shall be submitted by a Licensed Surveyor confirming that the building does not exceed these levels.
Existing trees on the site and within road reserves are to be retained except where required to be removed due to building operations, requirements of the Bushfire Management Plan or the conduct of the approved use.
Any advertising sign or device is to comply with the provisions of Council's policies on advertising.
Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 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.
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.
This Development Permit for a material change of use lapses if the use has not happened by 15 June 2021, unless an application to extend the relevant period is approved by Council.
The developer must obtain all of the other Development Permits referred to in the Decision Notice, prior to obtaining a Development Permit for building works.
Site Access and Driveways
A sealed access driveway must be provided from Serenity Close to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a driveway crossover in accordance with standard drawing RS-051;
a driveway designed and constructed in accordance with AS/NZS2890.1:2004 and Council’s design standards with grades that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians movements along the footpath without any level difference.
Car Parking
A minimum of 84 car parking spaces must be provided and marked on the site. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
9 visitor/disabled parking spaces within the total, which are clearly marked for that purpose and accessible at all times for visitor use;
crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities.
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Directional signage must be provided to direct visitors to the car parking spaces provided on site.
All vehicles must enter and leave the site in a forward direction.
Service Vehicles
One of the carparking spaces towards the frontage of the development (outside the proposed gates) must be used as a shared service bay for small delivery/maintenance vehicles.  This space shall be clearly line-marked and sign posted for use by Service Vehicles between the hours of 6am to 6pm.  Outside of the specified hours the space could be used as a standard visitor space.
Landscaping Works
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area and must include in particular:
retention of existing trees within the side and front setback areas, except where their removal would be necessary as a result of approved building or operational works;
retention of existing trees between the building and the area of the site identified as Open Space Conservation & Waterway on Drawing No. 881228/E, titled ‘Metes & Bounds Plan for Private Open Space for Conservation and Waterways Protection on Residential High Density (RHD) and dated 30 June 2004, except where their removal would be necessary as a result of approved building or operational works or the requirements of the Bushfire Management Plan;
incorporation of koala and glossy black cockatoo food trees;
mature planting, including a minimum of 3 x 100 litre native trees and 20 x 45 litre native trees;
screening vegetation between the public access pathway and the building;
details of any external fencing or gates to be provided.
Existing trees on the site and within road reserves are to be retained except where required to be removed due to building operations, requirements of the Bushfire Management Plan & the Ecological Restoration Plan or the conduct of the approved use.
The public access pathway must provide for unobstructed pedestrian access for the general public during daylight hours 7am to 7pm, 7 days a week.
Vegetation Protection
All trees to be retained shall be clearly defined on all drawings and clearly marked on site to prevent any damage occurring to these trees.
Any excavation works within 6 metres of the boundary of the Open Space Conservation & Waterway on Drawing No. 881228/E, titled ‘Metes & Bounds Plan for Private Open Space for Conservation and Waterways Protection on Residential High Density (RHD) and dated 30 June 2004, must be in accordance with an operational works approval.
Any works required within the drip zone of any trees to be retained shall be carried out by hand, not by machinery.
The internal driveway (or any other form of hard pavement for that matter) within the drip zone of any trees on site to be retained shall be designed to allow the flow of water through the pavement or be designed to direct stormwater runoff to the trees root system.  To this extent the uncovered visitor spaces towards the frontage of the development may be able to incorporate pervious paving that allows water penetration.
All pavements shall be constructed so as not to damage the root system of any trees to be retained and in this regard temporary fencing shall be provided around the trees during construction to help protect them.
Plans shall be submitted to the Council for approval that clearly show the type and extent of pavements proposed, how they comply with the above conditions and also illustrating any temporary fencing to protect the trees prior to obtaining a Development Permit for Operational Works.
Fauna Management
Vegetation must only be removed or disturbed in accordance with a Fauna Management Plan (or part thereof) prepared by a qualified person* and endorsed through an Operational Works approval. The Fauna Management Plan must include a plan showing all trees in developable site in relation to the approved development.
*(Refer to Advisory Note)
Bushfire Information Kit
A Bushfire Information Kit must be submitted for approval and endorsed through an operational works approval. The kit must provide clear and practical instructions regarding the bushfire management requirements of the covenant area. These instructions are to be in plain English, logical format, provide concise direction for the management of the covenant area in accordance with the approved Bushfire Management Plan.
Frontage Works
Footpath improvements such as topsoiling, grassing, and tree planting are required to the Serenity Close frontage of the site (if not already provided) in accordance with Planning Scheme Policy PSP3 Landscaping Plants and Guidelines.  Grass shall be couch, free of weeds.
A new 1.5 metre wide concrete path shall be constructed along the Serenity Close frontage of the site (if not already provided) in accordance with Council’s design standards and to an alignment that protects any significant vegetation or any underground services.
All paths shall be designed and constructed to ensure pedestrian safety using non-slip materials and to produce an evenly graded surface finish.
Stormwater Drainage
All stormwater drainage shall be collected on site and discharged so there is no net increase in stormwater runoff from the site.
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
The works must be undertaken in accordance with an Operational Works approval and must include in particular a drainage system generally in accordance with the approved Environmental Management Plan for the Settlers Cove development.
On site swale drains will be required to capture and direct any overland stormwater runoff to the Infiltration Pits proposed on site.  These swales shall be sized to carry a 3-month storm event and plans detailing their capacity, location, length, width and grades shall be submitted to Council for approval.
All site stormwater drainage shall be by means of a gravity system.
Plans of the entire on-site drainage design must be prepared by a Registered Professional Civil Engineer and submitted to Council prior to obtaining a Development Permit for Operational Works.
Electricity and Telecommunication Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All earthworks and associated batters must be undertaken in accordance with an Operational Works approval, and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
Plans and details outlining the extent of earthworks required on site and any trees to be retained shall be submitted to Council for approval prior to obtaining a Development Permit for Operational Works.
All major excavations (including the basement and driveways) shall be shored to prevent batters extending into areas and vegetation that are to be retained.  All trees to be retained should be adequately tagged to Council’s satisfaction and enclosed with a barrier fence to the drip line to prevent damage.
A Geotechnical Engineer or similar qualified expert shall assess the soil condition on site, determine the soil classification, establish whether any measures are required to protect the stability of adjoining buildings and/or structures and/or land, and make recommendations on the type of foundation system(s) best suited for the proposed development. The recommendations of this report shall be incorporated into the design and construction of the proposed development.
Earthworks shall not cause the ponding of water on any adjoining lands or the blockage of, or interference with, any natural watercourses or overland flow path.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
Erosion and Sediment Control
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, controlled disposal of waste, catch drains, and temporary infiltration or sump pump-outs will be necessary.
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.  The applicant is advised that a simple silt fence by itself is unlikely to meet the objectives of best practice for Erosion & Sediment Control.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
Community Management Statement Requirements
The Applicant and all future owners of the site shall comply with the Environmental Management Plan (EMP) for Settlers Cove Development 23118 DA and compliance with the EMP shall be referenced in any community management statement over the site.
The Fire Management Plan is to be implemented by the Developer and future owners of the site and is to be referenced in any community management statement.
Environmental Health
The developer must provide a suitably screened imperviously paved area large enough for all refuse and recycling containers. A wash down area is required with a cold-water tap, hose and drain outlet connected to sewer. The drain outlet is to be designed to prevent stormwater entry to the sewerage system.
Street litter bins to a design approved by Council, shall be supplied and installed at the developer’s expense at agreed locations.
Refuse chutes must be provided, in accordance with Council’s Policy for Refuse Chutes and Accessories in Multi Storey Buildings.
Swimming pool or spa pumps are to be contained in an acoustically treated enclosure or located in a manner which prevents a noise nuisance beyond the subject land in accordance with the nuisance provisions of the Environmental Protection Regulation 1998.  On the spot fines apply for such offences.
Air conditioning units shall be located in a manner which prevents noise nuisance beyond the subject land in accordance with the nuisance provisions of the Environmental Protection Regulation 1998 and Council’s Local Law No. 12 - Control of Nuisances.  On the spot fines apply for such offences.
An occupier of premises where there is air-conditioning equipment must not use or allow the use of the equipment -
before 7am or after 10pm on any day if it makes noise or causes noise to be made of more than the higher of the following –
57.1.1	40 dB(A)
57.1.2	3 dB(A) above the background noise level
57.2	from 7am to 7pm on any day if it makes noise or causes noise to be made of more than the lower of either of the following -
50 dB(A)
5 dB(A) above the background noise level

57.3	from 7pm to 10pm on any day if it makes noise or causes noise to be made of more than 3 dB(A) above the background noise level.
referral agencies
Not Applicable
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
PLANNING
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 Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Infrastructure Charges
This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the Sustainable Planning Act 2009 and in conjunction with the State Planning Regulatory Provision (Adopted Charges)
Qualified Person
For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability for the development, a qualified person is considered to be a person who:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
has a minimum of 5 years experience in the field of geotechnical engineering or engineering geology.
For the purpose of preparing a Fauna Management Plan, a qualified person is considered to be an ecologist with a minimum of 3 years current experience in the field of fauna assessment and management.
property notes
Not Applicable
preliminary approval overriding planning scheme
Not Applicable
further development permits required
Development Permit for Building Work (All Building Work)
Development Permit for Operational Works (Earthworks, Stormwater, Access and Parking, Roadworks and Landscaping)
self assessable codes
Not Applicable
submissions
Not Applicable
reasons/grounds for approval
Not Applicable
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part 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 commence again from the start the day after you receive a “negotiated decision notice”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act 2009.)
OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.
Yours faithfully

Kerri Coyle
Manager, Planning & Environment

cc	Unitywater

Enc:	Infrastructure Charge Notice]
Approved Plans/Documents
Appeal Rights

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009  (Chapter 7).
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & OPERATIONAL WORKS

Division 8 	Appeals to court relating to development applications and approvals

461 	Appeals by applicants
(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 the development application;
(b) 	any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;
(c) 	the decision to give a preliminary approval when a development permit was applied for;
(d) 	the length of a period mentioned in section 341;
(e) 	a deemed refusal of the development application.
(2) 	An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—
(a) 	if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
(b) 	otherwise—the day a decision notice was required to be 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.

462 	Appeals by submitters—general
(1) 	A submitter for a development application may appeal to the court only against—
(a) 	the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	the part of the approval relating to the assessment manager’s decision under section 327.
(2) 	To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following—
(a) 	the giving of a development approval;
(b) 	any provision of the approval including—
(i) 	a condition of, or lack of condition for, the approval; or
(ii) 	the length of a period mentioned in section 341 for the approval.
(3) 	However, a submitter may not appeal if the submitter—
(a) 	withdraws the submission before the application is decided; or
(b) 	has given the assessment manager a notice under section 339(1)(b)(ii).
(4) 	The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 	Additional and extended appeal rights for submitters for particular development applications
(1) 	This section applies to a development application to which chapter 9, part 7 applies.
(2) 	A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application.
(3) 	However, the submitter may only appeal against a referral agency’s response to the extent it relates to—
(a) 	if the prescribed concurrence agency is the chief executive (environment)—development for an aquacultural ERA; or
(b) 	if the prescribed concurrence agency is the chief executive (fisheries)—development that is—
(i) 	a material change of use of premises for aquaculture; or
(ii) 	operational work that is the removal, damage or destruction of a marine plant.
(4) 	Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment—
(a) 	a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);
(b) 	a referral agency’s response mentioned in subsection (2).

464 	Appeals by advice agency submitters
(1) 	Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.
(2) 	The advice agency may, within the limits of its jurisdiction, appeal to the court about—
(a) 	any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	any part of the approval relating to the assessment manager’s decision under section 327.
(3) 	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.
(4) 	However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 	Appeals about decisions relating to extensions for approvals
(1) 	For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.
(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 under section 383 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.

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 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.

467 	Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency
(1) 	A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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