Council archive · source document
MCU14/0073 - Decision Notice - 1036841
Officer: Denis Wallace
Direct Telephone: 53296239
Our Reference: MCU14/0073
Your Reference: 130814
19 December 2014
Cooroy Property Pty Ltd Tte
C/- Adams Sparkes Town Planning & Development
PO Box 1000
BUDDINA QLD 4575
Dear Sir/Madam
Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 18 December 2014, Council decided to:
A. Approve the application in full subject to conditions.
B. Find the following are sufficient grounds to justify the decision despite the conflict
with the Planning Scheme:
1. The development allows the re-use of the existing industrial building on the
site and improved built form, landscaping and environmental outcomes on
the site; and
2. The site has existing use rights for a major industrial use (brickworks), which
is also categorised as an Industrial Use Type 2 under The Noosa Plan, and
the proposal is of substantially lesser intensity
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: MCU14/0073
Street Address: 271 Lake Macdonald Drive, Lake Macdonald Qld 4563
Real Property Description: Lot 2 SP 108094
Planning Scheme: The Noosa Plan (16 September 2013)
2 DECISION DETAILS
The following type of approval has been issued:
Development Permit for Material Change of Use of Premises - Industrial Business
Type 2 - Production, alteration, repackaging & repairing (Soft Drink Factory)
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this development approval is 4 years starting the day that this
development approval takes effect.
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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4 ASSESSMENT MANAGER CONDITIONS
PLANNING
When Conditions Must be Complied With
1. 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
2. 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
1281-14 - Site Plan – Drawn by Zenith Design -
Sheet 02
1281-14 - GF Overall - – Drawn by Zenith Design -
Sheet 03
1281-14 - GF Office Layout – Drawn by Zenith -
Sheet 04 Design
1281-14 - FF Overall – Drawn by Zenith Design -
Sheet 05
1281-14 - FF Office Layout – Drawn by Zenith -
Sheet 06 Design
1281-14 - Elevations – Drawn by Zenith Design -
Sheet 07
1281-14 - Driveway Layout – Drawn by Zenith -
Sheet 12 Design
Nature and Extent of Approved Use
3. The extent of the approved use is limited to that part of the existing building
identified on the approved plans.
4. The approved use must not operate outside of the hours of 7am to 5pm Monday to
Saturday.
5. No more than 30 employees shall be on site at any one time.
6. Any display and retail sale of goods resulting from the premises must remain an
ancillary component to the approved use and must not exceed 200m2 of use area.
Heavy Vehicle Movements
7. Heavy vehicle movements associated with the approved use shall not exceed 10
return trips per day.
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Street Identification
8. The street address of the development must be clearly visible and discernible from
the frontage of the site by the provision of a street number and, where appropriate,
the building name.
Performance Bond
9. Security in the form of a cash bond or trading bank guarantee to the sum of
$10,000 must be submitted to Council, to secure performance of all conditions of
this approval, prior to commencement of operational works associated with the
development. 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. Council reserves the right to call
upon the bond or guaranteed sum to effect compliance with condition.
CIVIL ENGINEERING
External Works
10. That part of the Lake Macdonald Drive frontage of the site extending from the
existing culvert adjacent to “Gate 2” to a point approximately 85 metres to the
south west must be upgraded. The works must be undertaken in accordance with
an Operational Works approval and must include in particular:
a. linemarking to clearly indicate a left turn lane for vehicles accessing the site
b. road widening to provide for the left turn lane (where necessary)
c. reconstruction of the existing table drain to ensure that the road formation is
free draining
d. the reshaping of the verge to ensure that sediment is not transported onto
the road formation.
Site Access and Driveways
11. Sealed access driveways must be provided from Lake Macdonald Drive 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. a driveway crossover generally in accordance with IPWEAQ standard
drawing SEQ R-051
b. a driveway width sufficient to cater for regular use by a HRV and the
occasional use by a semi-trailer (AV)
c. all damaged sections of the existing hardstand driveway must be replaced
with a suitable similar surface
Car Parking
12. A minimum of 64 car parking spaces must be provided and marked on the site.
The spaces must be available and accessible at all times while the use is open for
business. The works must be undertaken in accordance with an Operational
Works approval and must include in particular:
a. 44 staff parking spaces within the total, which are clearly marked for that
purpose
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b. 20 visitor/customer parking spaces within the total, which are clearly marked
for that purpose and accessible at all times for visitor/customer use
c. 2 disabled parking space/s within the total
d. a sealed surface with crossfalls and gradients in accordance with Australian
Standard AS2890: Parking Facilities
13. Directional signage must be provided to direct visitors and customers to the car
parking spaces provided on site.
Bicycle Parking & End of Trip Facilities
14. Bicycle facilities in accordance with AS2890.3 Bicycle Parking Facilities must be
provided for the development. The facilities must be indicated on the plans and
submitted in accordance with an Operational Works approval and must include in
particular:
a. a total of 10 bicycle parking spaces
b. end of trip facilities involving a minimum of 5 lockers and 1 shower cubicle
with an ancillary change room.
Damage to Services and Assets
15. 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:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. where otherwise, upon completion of the works associated with the
development.
c. 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.
Stormwater Drainage
16. The site must be provided with a stormwater drainage system connecting to a
lawful point of discharge. The works must be undertaken in accordance with an
Operational Works approval, the Queensland Urban Drainage Manual and
Engineering report dated 3 September 2013 by Barlow Shelly Consulting
Engineers (with the works expanded to reflect the extended development area).
Stormwater Quality Management
17. A stormwater quality treatment system must be provided for the development. The
works must be undertaken in accordance with an Operational Works approval and
must include in particular:
a. stormwater quality treatment devices of a size and location generally in
accordance with those shown in section 5.0 and 6.0 of the of the Engineering
report dated 3 September 2013 by Barlow Shelly Consulting Engineers (with
the works expanded to reflect the extended development area)
b. swales which are designed in accordance with the Water Sensitive Urban
Design Technical Design Guidelines for South East Queensland
c. The works must be undertaken in accordance with the Bioretention Technical
Design Guidelines (Water by Design, 2012)
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18. All stormwater quality treatment devices must be maintained in accordance with
the Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1).
The approved Operational Works drawings for the stormwater quality treatment
system and detailed life cycle costing of the system must be attached as an
addendum to this document. Records of all maintenance activities undertaken
must be kept and made available to Council upon request.
Stormwater Harvesting
19. Operating stormwater harvesting tanks must be provided for the development.
The tanks must be provided in accordance with an Operational Works approval
and must include in particular:
a. the details identified in section 5.0 and 6.0 of the of the Engineering report
dated 3 September 2013 by Barlow Shelly Consulting Engineers (with the
works expanded to reflect the extended development area).
LANDSCAPE & ECOLOGY
Landscaping Works
20. The development must be landscaped, in accordance an approval for Operational
Works. The particular works must generally accord with the planning scheme
Landscape Code and Planning Scheme Policy 3 Landscaping Plants and
Guidelines and include:
a. Landscaping to car park areas, including shade trees
b. Vegetated buffer to the Lake Macdonald Drive
c. Vegetated screening of any electrical transformers, bin storage areas and
the like from the road frontage
d. Details of any proposed clearing of vegetation and details of retention of any
existing trees on the site and road verge to accommodate the approved
development footprint. An Arborist Report is required to validate any
proposed clearing.
e. Removal of all weeds species listed in the following standards and
legislation:
i. Declared plants under the Land Protection (Pest and Stock Route
Management) Act 2002 and sub-ordinate Regulation 2003
ii. undesirable species, as defined within Planning Scheme Policy 3
Landscaping Plants and Guidelines of the Noosa Plan.
21. All landscape works must be established and maintained in accordance with
horticultural best practice with construction techniques and irrigation that allow for
healthy, sustained and vigorous plant growth. All plant material must be allowed to
grow to full form and be refurbished when its life expectancy is reached.
Rehabilitation
22. The land area defined by the vegetated portion contained within the Riparian
Buffer Area of the Biodiversity Overlay of the Noosa Plan on the subject must be
rehabilitated in accordance with a rehabilitation plan prepared by a suitably
qualified person and an approval for Operational Works. Rehabilitation works
must:
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a. restore the habitat value of the land to meet the characteristics of the
appropriate regional ecosystem
b. return the land to its natural undisturbed state, where practicable. Where
impracticable, provide justification.
c. The treatment of undesirable species, as defined within Planning Scheme
Policy 3 Landscaping Plants and Guidelines of the Noosa Plan.
ENVIRONMENTAL HEALTH
Refuse Management
23. The developer must provide waste storage and disposal facilities in accordance
with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and
Commercial and Industrial Premises”, including an external imperviously paved
area correctly sized for all refuse and recycling containers and suitably screened
from public places and neighbouring properties. A bin wash area is required with a
cold-water tap, hose and drain outlet connected to the effluent disposal system, via
a bucket trap. The drain outlet is to be designed to prevent storm water entry to the
effluent system and this can be achieved with a nib wall 50mm high and up to
700mm x 700mm wide (max 0.5m²), or alternatively the waste area can be roofed,
or any other design approved by Council’s delegate.
24. The development must allow refuse-loading areas to be located off street. All
vehicles associated with the collection of waste/recyclables, shall enter and leave
the site in a forward direction.
25. A Waste Management Plan (Operational) in accordance with Planning Scheme
Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial
Premises”, shall be developed and implemented on site. The Waste Management
Plan must include the following as a minimum: -
The types and estimated volumes of waste that will be generated from the
activities approved within the development.
Methods to be used for dealing with garden waste.
Initiatives to minimise waste either by waste prevention, reduction, re-use or
recycling.
Description of procedures and clearly identified site responsibilities for all site
occupants for getting all waste to the bins; the storage of bins and the
collection of bins by the contractor.
A description of the design details of waste storage and recycling areas
including size, location, elevation and floor plan, methods of bin washing and
system to prevent storm water getting into the effluent system via the bin
wash.
A description of types and volume of waste storage containers to be used,
and the collection frequency of containers,
The waste and recycling storage area shall include the provision of
containers for all waste and recycling materials including putrescible matter,
non-recycling waste, paper/ cardboard, glass, aluminum/steel cans, waste
oil, Styrofoam boxes, etc.
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Effluent Disposal
26. All factory wastewater and wash down waters shall be collected, treated and
disposed of lawfully on site in an approved effluent disposal system.
PLUMBING
Plumbing, Drainage and Waste Water Treatment and Disposal
27. The development must be provided with Plumbing, Drainage and an On-site Waste
Water Treatment and Effluent Disposal System having a capacity sufficient for the
use*.
*(Refer to Advisory Note)
5 REFERRAL AGENCIES
The referral agencies applicable to this application are:
Referral Referral Agency and Referral Trigger Response
Status Address
Concurrence SARA at DSDIP Mike SEQ Regional Plan, The agency provided
Ahern Government Contaminated Land its response on 24
Building 12 First & State Transport October 2014
Avenue Infrastructure (Reference No.SDA-
MAROOCHYDORE 0914-014464). A copy
QLD 4558 Online: of the response is
Mydas (at attached.
www.dsdip.qld.gov.au)
Email:[email protected]
6 ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not
form part of the assessment manager conditions:
Aboriginal Cultural Heritage Act 2003
1. 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.
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Equitable Access and Facilities
2. 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:
d. the Disability Discrimination Act 1992 (Commonwealth);
e. the Anti-Discrimination Act 1991 (Queensland); and
f. the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
3. Prior to the commencement of the use, please contact Council's Development
Audit & Response Unit to arrange a Development Compliance Inspection.
Building and Construction Industry (Portable Long Service Leave) Levy
4. The QLeave levy must be paid prior to the issue of a development permit where it
is required. Council will not be able to issue a Decision Notice without receipt of
details that the Levy has been paid. QLeave contact: 1800 803 481 (free call) or
(07) 3212 6855.
Co-ordination of Operational Works Assessment
5. Additional application fees apply to Operational Work applications where the
different aspects of the works are lodged separately. Significant savings in
application fees will result if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
6. The works identified in this Decision Notice will be required to be carried out in
accordance with a Construction Management Plan endorsed by Council through
an approval for Operational Works. To ensure expedient assessment of any
Operational Works application, the applicant is advised to submit a preliminary
Construction Management Plan that addresses the requirements of the planning
scheme. In particular, the preliminary Construction Management Plan should
address the following:
g. provisions that ensure the proposed construction does not unduly impact on
the surrounding area and ensure the site is safe for members of the public,
implementing appropriate traffic signage in accordance with the Manual of
Uniform Traffic Control Devices (MUTCD) and making provision for safe
pedestrian access across the frontage of the site both during daily
construction and after daily construction has ceased.
Plumbing, Drainage, Waste Water Treatment and Disposal System
7. The establishment of Plumbing and Drainage and a waste water treatment and
disposal system for the site requires a Compliance Permit to be obtained from
Council under the Plumbing and Drainage Act 2002. The system must be designed
in accordance with the Queensland Plumbing and Wastewater Code, Australian
Standards AS/NZS3500, AS/NZS1547: 2000 “On-site Domestic Wastewater
Management”.
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8. The existing Waste Water Treatment and Disposal System for the site is as
mentioned in the report from Barlow Shelley, Consulting Engineers, Section 8 ,
Reference number 1014 Dated 3rd September 2013, is capable of accommodating
the proposed changes to the development.
9. If design requirements for the site change, whereby the development exceeds the
accommodation or use of 21 or more equivalent persons, or generates a
requirement for an ERA63, then an Operator’s Licence from The Department of
Environment and Heritage Protection (DEHP) will also be required.
Health
10. Due regard should be given to the design and location of noise emitting fixed plant
and equipment and any acoustic treatment that may be required. It is advised that
an appropriately qualified acoustic consultant be involved with the selection and
installation of such equipment. A qualified acoustic consultant can give advice on
how to best locate and design the equipment such that it can meet statutory noise
or planning requirements.
11. The Environmental Protection Act 1994 states that a person must not carry out any
activity that causes, or is likely to cause, environmental harm unless the person
takes all reasonable and practicable measures to prevent or minimise the harm.
Environmental harm includes environmental nuisance. In this regard persons and
entities, involved in the civil, earthworks and construction phases of development,
are to adhere to their ‘general environmental duty’ to minimise the risk of causing
environmental harm. Environmental harm is defined by the Act as any adverse
effect, or potential adverse effect whether temporary or permanent and of whatever
magnitude, duration or frequency on an environmental value and includes
environmental nuisance. Therefore, no person should cause any interference with
the environment or amenity of the area by reason of the emission of noise,
vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste
products, grit, sediment, oil or otherwise, or cause hazards likely in the opinion of
the administering authority to cause undue disturbance or annoyance to persons or
affect property not connected with the use.
12. In accordance with the Public Health Act 2005, rainwater tanks must be
constructed with mosquito proof screens (made from either brass, copper,
aluminium or stainless steel), and constructed with a mesh size of no more than
1mm, and must be installed in a way that does not accelerate corrosion. Tanks that
contain flap valves must be installed so that when closed, mosquitoes cannot pass
through the valve. It is unlawful under the Public Health Act 2005 to construct,
install or be in possession of a tank that does not comply with these requirements.
7 PROPERTY NOTES
Not Applicable
8 PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable
9 FURTHER DEVELOPMENT PERMITS REQUIRED
Development Permit for Building Works (all Building Works).
Development Permit for Operational Works (Landscaping & Rehabilitation,
External Works, Access, Carparking, Stormwater Drainage (Quantity & Quality)).
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10 SELF ASSESSABLE CODES
The following codes for self-assessable development related to the development
approval issued under this Decision Notice must be complied with.
Advertising Devices Code.
11 SUBMISSIONS
Nil.
12 REASONS/GROUNDS FOR APPROVAL
The Assessment Manager considers the decision conflicts with the planning scheme and
the following are sufficient grounds to justify the decision despite the conflict:
1 The development allows the re-use of the existing industrial building on the site
and improved built form, landscaping and environmental outcomes on the site; and
2 The site has existing use rights for a major industrial use (brickworks), which is
also categorised as an Industrial Use Type 2 under The Noosa Plan, and the
proposal is of substantially lesser intensity
3 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.)
4 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
SARA at DSDIP
Mike Ahern Government Building
12 First Avenue
MAROOCHYDORE QLD 4558
Email:[email protected]
Enc: Referral Agency Response
Approved Plans/Documents
Appeal Rights
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Referral Agency
SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
REGULATION 2009
Our reference: SDA-0914-014464
Your reference: DWALLACE:MCU14/0073
24 October 2014
Noosa Shire
Council PO Box
141
TEWANTIN QLD 4565
Dear Sir/Madam,
1 CONCURRENCE AGENCY RESPONSE
271 Lake Macdonald Drive LAKE MACDONALD QLD 4563 (2 SP108094)
(Given under section 285 of the Sustainable Planning Act 2009)
The referral agency material for the development application described below was
received by the Department of State Development, Infrastructure and Planning
under section 272 of the Sustainable Planning Act 2009 on 18 September 2014.
2 APPLICANT DETAILS
Applicant name: Cooroy Property Pty
LTd Tte Applicant contact details: PO Box 1000
Buddina QLD 4575
[email protected]
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3 SITE DETAILS
Street address: 271 Lake Macdonald Drive LAKE MACDONALD QLD
4563
Lot on plan: 2 SP108094
Local government area: Noosa Shire Council
4 APPLICATION DETAILS
Material Change of Use - Industrial Business (Type 2 - Production, Alteration,
Repackaging and Repairing) Soft Drink Factory.
5 ASPECTS OF DEVELOPMENT AND TYPE OF APPROVAL BEING SOUGHT
Nature of Approval Brief Description of Proposal Level of
Development Type Assessment
Material Development Industrial Business (type 2 - Impact
Change of permit Production, Alteration, Assessment
Use Repackaging and Repairing)
Soft Drink Factory.
Referral triggers
The development application was referred to the department under the following
provisions of the Sustainable Planning Regulation 2009:
Referral trigger Schedule 7, Table 3, Item 12 – Regional Plans
6 RESPONSE:
Under section 287(2) of the Sustainable Planning Act 2009, the department has
no requirements relating to the application.
A copy of this response has been sent to the applicant for their information.
For further information, please contact Ryan Longland, Senior Planning Officer,
SARA SEQ North on 5352 9708, or email [email protected] who
will be pleased to assist.
Yours sincerely
Frances Bottle
Regional Director
cc: Cooroy Property Pty Ltd, [email protected]
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Appeal Rights
SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
REGULATION 2009
The following is an extract from the Sustainable Planning (4) The appeal must be started within 20 business days
Act 2009 (Chapter 7). (the submitter’s appeal period) after the decision
notice or negotiated decision notice is given to the
MATERIAL CHANGE OF USE, RECONFIGURING A submitter.
LOT & OPERATIONAL WORKS
463 Additional and extended appeal rights for
Division 8 Appeals to court relating to submitters for particular development
development applications and applications
approvals (1) This section applies to a development application to
which chapter 9, part 7 applies.
461 Appeals by applicants (2) A submitter of a properly made submission for the
(1) An applicant for a development application may application may appeal to the court about a referral
appeal to the court against any of the following— agency’s response made by a prescribed
(a) the refusal, or the refusal in part, of the concurrence agency for the application.
development application; (3) However, the submitter may only appeal against a
(b) any condition of a development approval, referral agency’s response to the extent it relates
another matter stated in a development to—
approval and the identification or inclusion of (a) if the prescribed concurrence agency is the
a code under section 242; chief executive (environment)—development for
(c) the decision to give a preliminary approval an aquacultural ERA; or
when a development permit was applied for; (b) if the prescribed concurrence agency is the
(d) the length of a period mentioned in section chief executive (fisheries)—development that
341; is—
(e) a deemed refusal of the development (i) a material change of use of premises for
application. aquaculture; or
(2) An appeal under subsection (1)(a), (b), (c) or (d) (ii) operational work that is the removal,
must be started within 20 business days (the damage or destruction of a marine plant.
applicant’s appeal period) after— (4) Despite section 462(1), the submitter may appeal
(a) if a decision notice or negotiated decision against the following matters for the application even
notice is given—the day the decision notice if the matters relate to code assessment—
or negotiated decision notice is given to the (a) a decision about a matter mentioned in section
applicant; or 462(2) if it is a decision of the chief executive
(b) otherwise—the day a decision notice was (fisheries);
required to be given to the applicant. (b) a referral agency’s response mentioned in
(3) An appeal under subsection (1)(e) may be started subsection (2).
at any time after the last day a decision on the
matter should have been made. 464 Appeals by advice agency submitters
(1) Subsection (2) applies if an advice agency, in its
462 Appeals by submitters—general response for an application, told the assessment
(1) A submitter for a development application may manager to treat the response as a properly made
appeal to the court only against— submission.
(a) the part of the approval relating to the (2) The advice agency may, within the limits of its
assessment manager’s decision about any jurisdiction, appeal to the court about—
part of the application requiring impact (a) any part of the approval relating to the
assessment under section 314; or assessment manager’s decision about any part
(b) the part of the approval relating to the of the application requiring impact assessment
assessment manager’s decision under under section 314; or
section 327. (b) any part of the approval relating to the
(2) To the extent an appeal may be made under assessment manager’s decision under section
subsection (1), the appeal may be against 1 or 327.
more of the following— (3) The appeal must be started within 20 business days
(a) the giving of a development approval; after the day the decision notice or negotiated
(b) any provision of the approval including— decision notice is given to the advice agency as a
(i) a condition of, or lack of condition for, submitter.
the approval; or (4) However, if the advice agency has given the
(ii) the length of a period mentioned in assessment manager a notice under section
section 341 for the approval. 339(1)(b)(ii), the advice agency may not appeal the
(3) However, a submitter may not appeal if the decision.
submitter—
(a) withdraws the submission before the 465 Appeals about decisions relating to extensions
application is decided; or for approvals
(b) has given the assessment manager a notice (1) For a development approval given for a development
under section 339(1)(b)(ii). application, a person to whom a notice is given under
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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.
Department of State Development, Infrastructure and Planning Page
Document Set ID: 19845988 14
Version: 1, Version Date: 22/12/2014
Used in these records
MCU14/0073 - Decision Notice - 1036841Related documentApplication case desk ↗
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