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2015-05-26 Planning & Organisation Committee Agenda

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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA    26 MAY 2015




                                                   Page 87 of 171

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                                                                     26 MAY 2015

                                                                                                                           MCU12/0012

                |Su nshine Coast                              — Appeal Rights
                  Regional Council                                   Raa                       ACT 2009 & SUSTAINABLE PLANNING

                 The following is an extract from the Sustainable Planning Act,  {2) A submitter of @ properly made submission for the
                 2009 (Chapter 7),                                                   application may appeal to the court about a referral
                                                                                     agency's response made by 8 prescribed concurrence
                 MATERIAL CHANGE OF USE, RECONFIGURING A LOT &                       agency for the application.
                 OPERATIONAL WORKS                                               (3) However, the submitter may only appeal against a
                                                                                     referral agency's response to the extent it relates to—
                Division 8          Appeals     to    court    relating   to          {a} it the prescnbed concurrence agency is the chief
                                    development       applications      and               executive   (environment}—development    for  an
                                   approvals                                              aquacultural ERA: or
                                        7                                            {b)  if the prescnbed concurrence agency is the chief
                 461 = Appeals by applicants                                              executive (fisheries)—development that is—
                 (1)   An applicant for a development application may appeal              (i)  @ material change of use of premises for
                        to the court against any of the following—                             aquaculture; or
                        (a)  the  refusal, of the  refusal in  part, of the               (ii) operational work that is the removal, damage
                             evelopment application;                                           or destruction of a manne plant.
                        {b)  any condition of a development approval. another    (4) Despite saction 462(1), the submitter may appeal
                             matter stated in a development approval and the         against the following matters for the application even it
                             identification or inclusion of a code under section     the matters relate to code assessment—
                             242:   .                ‘                               {a}  @ decision about a matter mentioned in section
                        (c)  the decision to give a preliminary approval when a           462(2) if it is a decision of the chief executive
                             Gevelopment permit was applied for;                          (fisheries);
                        (4) the length of @ period mentioned in section 341;         (>)  @   referral agency's   response   mentioned   in
                        fe}  @ deemed refusal of the development application              subsection (2).
                 (2)    An appeal under subsection (1}(8), (b), (c) of (4) must
                        be started within 20 business days (the applicant's      464 Appeals by advice agency submitters
                       appeal period) after—                                     (1) Subsection (2) applies if an advice agency. in its
                        {a)  If @ decision notice or negotiated decision notice      response   for an application, toké the assessment
                             's  given—the   cay   the  decision  notice  or         manager to treat the response as a properly made
                             negotiated  decision  notice is  given  to  the         submission
                             applicant; or                         ;             (2) The advice agency may,       within the limits of its
                        {b)  otherwise—the   day   &  decision  notice  was          jurisdiction, appeal to the court about—
                             required to be given te the applicant,                  (a)  ny part of the approval relating to the assessment
                {3)     An appeal under subsection (1)(¢) may be started at               manager's   decision  about   any   part  of  the
                        any time after the last day a decision on the matter              application requinng impact assessment under
                        should nave been made                                             section 314: or
                                                                                     (>)  any part of the approval relating to the assessment
                 462    Appeals by submitters—general                                     manager's decision under section 327
                 (1)    A submitter for a development application may appeal = (3)   The appeal must be staried within 20 business days
                        to the court only againsi—                                   after the day the decision notice or negotiated decision
                         (a) the  part  of the   approval   relating to  the         notice is given to the advice agency as a submitter,
                            assessment managers decision about any partof        (4) However,    if the  advice   agency   has  given   the
                             the  application requiring impact   assessment          assessment     manager    6   notice  under    section
                             under section 314: or                                   339(1)b)N), the advice agency may not appeal the
                         (b) the  part  of  the  approval   relating to  the         decision
                             assessment manager's decision under section
                             327                                                466         Is about decisions relating to extensions for
                 (2)     Ta  the extent an appeal may be made under                  pe scorent
                         subsection (1), the appeal may be against formore of = (1)  For a development approval given for a development
                        the folowing—                                                application, @ person to whorn 2 notice is given under
                        (a)  the giving of a development approval                    section 389, other than a notice for a decision under
                        (B)  any provision of the approval inclucing—                section 386(2), may appeal to the court against the
                             (i)  & condition of, or lack of condition for, the      dacision in the notice.
                                  approval; or                                   (2) The appeal must be started within 20 business days
                             (t)  the length of & period mentioned in section        after the day the notice of the dacision is given to the
                                  341 for the approval.                              parson.
                 (3)    However, a submitter may not appeal ifthe submitier— = (3)   Also, 8 person who has made a request under section
                        {a)  withdraws the submission before the application         383 may appeal to the court against a deemed refusal of
                             is decided, or                                          the request.
                        (6)  has given the assessrnent manager 8 notice          (4) An appeal under subsection (3) may be started at any
                             under section 339) 1)(b\(il)                            time after the last day the decision on the matter should
                 (4)  The appeai must be started within 20 business days (the        have been made.
                     submitter's appeal period) atter the decision notice or
                      negotiated decision notice is given to the submitter.      466 Appeals about decisions relating to permissible
                                                        ;                            changes
                 463 Additional and extended appeal rights for submitters =      (1) For a development approval given for = development
                     for particular development applications                         application, the following persons may appeal to the
                 {1}  This section applies to a development application to           court against a decision on # request to make 4
                      which chapter 9, past 7 apples.                                permissible change to the approval—

                 FM 1509s/2-1 3/04/2014                                                                                    Page 8 af 9

                                                                                                                                  Page 87 of 171
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