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                                   Form 6 - Decision Notice
                                   INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION


 File No:    2007/643                           Date of Decision:       17 July 2007

1.     APPLICANT DETAILS

 Name:              CadCon Surveying & Town Planning

 Postal address:    PO Box 5774
                    MAROOCHYDORE BC QLD 5774


 Phone no:          5479 5311               Fax no:

2.     PROPERTY DESCRIPTION

 Street address:    19 & 21 Grant Street Noosa Heads

 Real property      Lots 9 & 10 SP 179879
 description:

3.     OWNER DETAILS

 Name:              Joanne Marie Exley & Matthew John Exley

 Postal address:    14 Sunrise Road
                    TINBEERWAH QLD 4563

4.     REFERRAL AGENCIES

 Referral Agency            Address                                                    Basis
 N/A

5.     APPLICATION TYPE

 Development                     Development Details                         Preliminary        Development
                                                                              Approval             Permit
 Material Change of Use          Duplex Dwelling x 2                              No                Yes

6.     DECISION DETAILS

Council decided to approve the application and grant a Development Permit, subject to conditions.

7.     APPLICABLE CODES

The developer must comply with the following codes for self-assessable development related to the development
approved under this Development Permit:-
Advertising Devices Code.

8.     SUBMISSIONS

Not Applicable.

9.     CONDITIONS

The approval is subject to conditions. Noosa Council’s conditions are attached.
Full text of the other 10 sections

Section 2

NOOSA COUNCIL IDAS Development Application Decision Notice                                             2 of 11

10.    FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required                 Subject of the required Development Permit
 Development Permit for Building Works               All Building Works

 Development Permit for Operational Works            Landscaping, Car parking and Access, Frontage Works,
                                                     Stormwater Drainage and Erosion & Sediment Control

11.    RIGHTS OF APPEAL

Rights of appeal in relation to this application are attached.

12.    ASSESSMENT MANAGER

 Name:      Noosa Council                 Signature:                             Date:       18 July 2007




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Section 3

NOOSA COUNCIL IDAS Development Application Decision Notice                                                3 of 11




                                      Noosa Council Conditions
                                      INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


Land Use
1.    Development undertaken in accordance with this approval must generally comply with the approved plans
      of development. The approved plans are numbered Sheets 1, 2 & 3 prepared by Southern Cross Design
      & Drafting and dated 14 February 2007 and as may be amended by these conditions.

2.    Amended plans of each duplex dwelling shall be lodged with Council prior to issue of a Development
      Permit for Building Works demonstrating compliance with the following:-
                                                     2
      2.1.   Maximum gross floor area of 244.35m through reduction of the terrace area adjacent bedrooms 2
             to a maximum of 3 metres wide with the natural ground line maintained beyond;

      2.2.   Maximum site cover of 40% through a reduction in eave overhangs over the rear deck areas;
                                                               2
      2.3.   Minimum Landscape Open Space area of 192m ;

      2.4.   Maximum Building Height of 8 metres, 2 storeys by relocation of the laundry to the lower level, with
             the natural ground line maintained under the duplex dwelling.

3.    External finishes of the duplexes shall be varied to achieve a different appearance for each to provide an
      interesting streetscape. Details of the proposed variation, including materials and colours shall be lodged
      with Council prior to issue of a Development Permit for Operational Works.

4.    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.

5.    The open space and setback areas are to be landscaped in accordance with Council’s Policy on
      Landscaping Guidelines and a properly prepared landscape plan prepared by a suitably qualified
      Landscape Architect or Horticulturalist. Such landscaping is to be completed prior to the premises being
      occupied and maintained at all times thereafter and shall include at a minimum:

      5.1.   Identification of existing trees on site to be retained/removed.

      5.2.   Trees to be removed shall be replaced with a minimum of 4 x 100 litre native trees for each duplex
             dwelling and 45 litre native trees.

6.    All fencing shall be setback at least 1 metre from the front property boundary, with at least half of the
      fencing setback 2 metres. The area of land between the fence and the front property boundary shall be
      densely landscaped to screen any fencing from the street.

7.    Existing trees on the site and within road reserves are to be retained, except where required to be
      removed due to building operations or the conduct of the approved use. These landscape plans required
      to be submitted are to denote areas of existing vegetation or existing trees proposed or required to be
      retained.

8.    Cleared vegetation is to be suitably processed by one of the following methods and removed from the
      site:-

      8.1.   Processing through a woodchipper or shredder. The resulting mulch is to be stockpiled loose in
             heaps of less than 1000 cubic metres, less than 2.5 metres high with a minimum of 10 metres
             between edges of heaps.

      8.2.   Disposal for firewood.

      8.3.   Disposal for landscaping purposes.

      8.4.   Transport to alternative site for breaking down materials provided that all necessary permits have
             been obtained to allow the alternate site to be used for this purpose.



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Section 4

NOOSA COUNCIL IDAS Development Application Decision Notice                                                 4 of 11


      8.5.   The disposal method for clearing works is to be submitted in conjunction with an application for a
             Development Permit for Operational Work. The Applicant is advised that other methods may be
             considered provided full details of the method are submitted.

      8.6.   The Applicant is advised that burning off is an unacceptable method of disposal.

9.    All hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems
      (LPG or natural).

10.   A verification survey of the building is to be carried out by a Licensed Surveyor and a certificate lodged
      with Council at completion of work confirming compliance with the maximum allowable building height as
      required by either the conditions of approval or the Planning Scheme.

11.   Any deck or balcony areas are not to be enclosed with shutters, glass panelling or the like, thus remaining
      as open structures.

12.   The proposed development shall have all kitchen, laundry and bathroom fittings that comply with the AAA
      Water Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient Products - Rating
      and Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1.2), with toilets to
      comply with the AAAA Water Conservation Rating System. All tap ware and shower roses shall not
      exceed a maximum flow of 9 litres per min. Dishwashers and washing machines are excluded from this
      requirement.

13.   Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 for each duplex
      dwelling 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.

14.   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.

15.   The Development Permit for a material change of use of premises lapses if the use has not happened by
      17 July 2011, unless an application to extend the currency is approved by Council.

16.   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.
Land Development
Vehicle Access
17.   A vehicular access driveway to serve each lot shall be constructed from the Grant Street frontage of the
      lot with a maximum width of 4.0m.

18.   Plans of the access driveway, including the proposed hardwood decking, shall be prepared by a
      Registered Professional Civil Engineer and submitted to Council prior to obtaining a Development Permit
      for Operational Works

19.   The driveway shall be designed and constructed to Council’s design standards and to grades that prevent
      vehicles from scraping and/or bottoming whilst also allowing pedestrians movements along the footpath
      without any step or level difference. Should any driveways be constructed to grades that do not comply
      with AS/NZS 2890.1-2004, Council will require that the driveway be removed and reconstructed to levels
      that do comply.
      Please note, a step between the driveway and the footpath shall be avoided, as it is preferred to have the
      footpath continue at a constant grade to minimise the potential for pedestrians to trip or fall.
20.   To ensure pedestrian safety between vehicles exiting the site and pedestrians on the footpath, the
      driveway and any associated fencing or vegetation near the driveway shall comply with the minimum sight
      line requirements as defined in AS/NZS 2890.1, section 3.2.4. The applicant shall demonstrate
      compliance by illustrating these sight lines on the plans submitted for both Operational Works approval
      and Building Works approval.

21.   All vehicles shall enter and leave the site in a forward direction.




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Section 5

NOOSA COUNCIL IDAS Development Application Decision Notice                                                  5 of 11


Car Parking
22.   Carparking shall be provided within the site generally as shown on the drawing titled Floor Plans Sheet 2
      of 3 dated 14/2/07 by Southern Cross Design and Drafting, except as modified herein.

23.   A minimum of 3 carpark spaces (2 of which are to be covered) shall be provided for each duplex dwelling
      on site.

24.   The carparking area shall be designed to comply with the provisions of AS/NZS 2890.1-2004 for user
      class 1A with allowance for vehicles to enter and leave the site in a forward gear and with a minimum
      head clearance (headroom) at any point of 2.2m.

25.   The hardwood vehicle access deck shall be clearly sign posted to indicate that the area is a “Turning Area
      Only” and that “No Parking is Permitted”. The type and location of the signage shall be clearly shown on
      plans submitted for Operational Works approval.

26.   All carparking shall be kept and maintained in a condition fit for use.
Frontage Works
27.   Footpath improvements such as topsoiling, grassing, and tree planting are required to the Grant Street
      frontage of the site in accordance with Planning Scheme Policy PSP03 Landscaping Plants & Guidelines.
      Grass shall be couch, free of weeds.

28.   A contribution of $2,420 towards the construction of footpaths in the Grant Street local area shall be paid
      to Council prior to obtaining a Development Permit for Operational Works. This amount will be subject to
      variations in the Consumer Price Index, All Groups Brisbane from March 2007 until the date of payment.

29.   All redundant vehicular crossings to the site shall be removed and replaced by kerb & channel, footpath
      paving and landscaping such as trees and grasses in accordance with Council’s Standard specifications
      prior to commencement of the use permitted by this permit.
Roof Water & Stormwater Drainage
30.   Roof runoff from any new dwelling shall be directed to a rainwater storage system or tank (minimum
      storage 5000 litres per dwelling/unit) that is installed to ensure water from the tank is used for external
      uses (such as watering gardens, irrigation, ornamental ponds, water features, topping-up swimming pools,
      outdoor cleaning, etc) and for use in flushing of toilets internal to the dwelling. All rainwater tanks are to
      be designed and installed in accordance with the Queensland Development Code (QDC), Part 25 –
      Rainwater Tanks, and shall be part of the plumbing application in conjunction with the building approval.
      The location and capacity of the tanks shall be clearly shown on the plans submitted for Building Works /
      Operational Works approval and any overflow shall be directed to the stormwater drainage system.

31.   All stormwater drainage (including roof water overflow from the rainwater storage system) shall be
      collected and discharged so there is no net increase in stormwater runoff from the site. Stormwater
      drainage permitted to drain from the site shall be discharged to Council’s existing drainage structures at
      the rear of the site.

32.   All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
33.   The site shall be connected to Council’s existing sewerage reticulation systems and be constructed in
      accordance with Council’s standards and requirements at no cost to Council.
Town Water Supply
34.   The site shall be connected to Council’s existing town water supply and be constructed in accordance with
      Council’s standards and requirements at no cost to Council.

35.   Each individual water connection to the water reticulation system shall extend to the property boundary
      and be metered. All fees for the supply of water meters shall be paid to the Council.

36.   All water meters must be located outside the property boundary and in an easily assessable location to
      facilitate unhindered reading by Council and/or Council’s contracted water meter readers, and not behind
      fences or locked gates. In this regard approval of the water meter configuration and location must be
      obtained from Council’s Water & Sewerage Capital Works Manager prior to lodgement and approval of
      hydraulic drawings.




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Section 6

NOOSA COUNCIL IDAS Development Application Decision Notice                                                    6 of 11


37.    For Multiple Uses (including Building Format Plans, Group Title Plans, etc) the development shall be
       served by:

       37.1. A single Body Corporate water meter to measure the total water consumption (including fire hose
             reels, but excluding fire hydrants and fire sprinkler systems), and

       37.2. Individual water meters to each tenement capable of being separately rated, and

       37.3. A fire service (fully testable single detector check with metered bypass), where applicable, for flows
             to fire hydrants and fire sprinkler systems (excluding fire hose reels).
Earthworks
38.    Earthworks works required on site shall be carried out in accordance with Section 3.8 of Council’s
       Engineering Design Standards Manual and so as not to cause the additional ponding of water on any
       adjoining lands or the blockage of, or interference with, any natural watercourses.

39.    Earthworks carried out on site shall not affect the structural integrity of any of the existing fences or
       structures that border the development site. Fences that are affected shall be replaced prior to the
       Building Certifier issuing the Certificate of Classification. In this regard any fences to be replaced shall be
       clearly shown on the plans submitted for Operational Works approval.
Erosion and Sediment Control
40.    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 and controlled disposal of
       waste, will be necessary.
      In this regard 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.
Contributions Towards Council Infrastructure
41.    Monetary contributions shall be paid to Noosa Council towards the cost of providing and/or upgrading
       various infrastructure at the rates applicable at the time of payment. An estimate only of the contribution
       amounts under the current Council policies and requirements is outlined in the table below:

          Contribution Required For:                                                             Amount:

          PSP12 – Public Open Space Contributions (Park)                                         $2,667
          PSP16 – Sewerage Headworks Contributions                                               $2,434
          PSP17 – Water Supply Headworks Contributions                                           $3,617
          PSP20 – Pathway Trunk Network Contributions                                            $1,918
          TOTAL Contribution Amount =                                                            $ 10,636
          Please note, that these amounts are all subject to variations in the Consumer Price Index, All Groups Brisbane
          from March 2007 until the date of payment.

       All contributions must be paid prior to the issue of a Development Permit for Operational Works.
       Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should the contributions
       not be paid at the due time, Council shall call upon the trading bank guarantee in full.
       Processing of bonds for security where specific Council approval has been given for the bonding of
       contributions will incur an administration fee in accordance with Council’s Land Development Commercial
       & Regulatory Fees at the time of lodgement.
       In the event that the Development Permit for Material Change of Use of Premises lapses or is cancelled,
       the trading bank guarantee will be returned.

General
42.    A suitably qualified Registered Professional Engineer shall prepare engineering drawings and
       specifications for all engineering works which shall be submitted in conjunction with an application for a
       Development Permit for Operational Works.

43.    Digital detailed designs including drawings, calculations, etc, shall be submitted with any application for a
       Development Permit for Operational Works in respect of roadworks and stormwater drainage works. The
       design shall be in accordance with Council’s Planning Scheme Policy PSP05 – Engineering Design
       Standards – Roads, Drainage and Earthworks. To avoid conflict with underground pipes or services, all
       existing and proposed services required by the development shall be shown on the plans.




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Section 7

NOOSA COUNCIL IDAS Development Application Decision Notice                                                 7 of 11


44.   Any damage caused to any public utility during the course of construction shall be repaired to Council’s
      standards and at no cost to Council.

45.   Any alteration of any public utility or other facilities necessitated by the development of the land or
      associated construction works external to the site shall be at no cost to Council.

46.   The transportation of all materials to and from the site shall be undertaken in a manner such that no
      particle matter escapes onto a public road. All vehicles carrying materials either to or from the site shall
      be covered to prevent materials including dust being windblown from the vehicle.
Environmental Health
47.   Where the development involves the removal, relocation or demolition of a building, a Waste
      Management Plan (construction and demolition) shall be submitted prior to demolition, removal or
      relocation of any building other than a shed.
      Waste Management Plans (construction and demolition) are required to be submitted in accordance with
      Planning Scheme Policy 11, Waste Management Plans see table below.
      Waste storage areas are to provide for adequate separation of all reusable, recyclable and waste
      materials. These shall be located so that they are convenient and safe to use. (Refer to Noosa Council
      Waste Management Code)
      The Plan shall contain the following information:
             The site area for the storage and separation of waste is to be shown on the plan drawings
               accompanying the application.

             A waste management table as indicated below is to be completed showing how waste material is
               to be segregated - recycled – reused or disposed.


           MATERIALS ON-SITE                                               DESTINATION
                                                             Re-use and Recycling                       Disposal
           Expected waste      Estimated       On-site                   Off-site                 *specify contractor
           materials           volume(m³)      *specify   proposed       *specify contractor      and landfill site or
                                               re-use or on-site         and recycling outlet     other disposal site
                                               recycling methods
        Excavation material
        Green waste
        Bricks
        Concrete
        Timber-please
        specify
        Plasterboard
        Metals - please
        specify
        Asbestos
        Other - please
        specify
      Note * If a demolition contractor is undertaking works, then the Waste Management table is to be
      completed by the demolition contractor.
       The purpose of the Waste Management Plan is to facilitate the segregation of waste for the effective reuse
       and recycling of such materials. Additionally Council rewards those who segregate waste by significantly
       reducing disposal fees at the landfill some items are free. Higher gate fees are charged for loads of mixed
       waste.




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Section 8

NOOSA COUNCIL IDAS Development Application Decision Notice                                                8 of 11


48.   The developer must provide waste storage and disposal facilities in accordance with Planning Scheme
      Policy “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. (The applicant must notify Council if there is no
      safe & suitable kerbside bin pick up location.)

49.   Noise emission from mechanical equipment (air conditioners, refrigeration equipment or pool pumps etc)
      shall comply with the following requirement:

      49.1. The equipment shall be installed and located in a manner that prevents excessive noise in
            accordance with Council’s Local Law No. 12 - Control of Nuisances. Infringement Notices (on-the-
            spot fines) may apply for offences.

      49.2. A person must not use equipment on any day if it makes or causes noise to be made:

             49.2.1.    From 10pm to 7am: More than the lower of either –
                             40 dB(A)
                             3 dB(A) above the background noise level
             49.2.2.    From 7am to 7pm: More than the lower of either –
                             50 dB(A)
                             5 dB(A) above the background noise level
             49.2.3.    From 7pm to 10pm: More than 3 dB(A) above the background noise level.

             49.2.4.    Pool pumps must not be audible at an effected premises between 10pm-7am

      49.3. Submission of written certification from a suitably qualified person confirming that the noise levels
            comply when measured at either the residential boundary or outside the most exposed part of an
            affected building, whichever is the closest to the equipment. This is required immediately after
            installation of the equipment and prior to any occupation of the building, and in a format approved
            by Council. This assessment must take into account noise from all fixed equipment on the property
            e.g. swimming pool pump, heating equipment, that may increase the overall noise level emitted.

      Note: it is recommended that the consultant that will be engaged to certify the noise levels of mechanical
      equipment is asked to comment on the position and installation of equipment at the plan design stage,
      this way noise problems can be minimised or avoided cost effectively.

50.   Noise from residential building works shall comply with the following –

      50.1. Limited to between 7:00am to 6:30pm Monday to Saturday.

      50.2. All reasonable measures are taken to minimise noise emissions.

      50.3. Not permitted on Sunday or public holidays.




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Section 9

NOOSA COUNCIL IDAS Development Application Decision Notice                                                     9 of 11



                                       Local Laws, Policies & State
                                       Regulation Requirements
                                       INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


     THE FOLLOWING ADVICES ARE FOR INFORMATION PURPOSES ONLY AND DO NOT FORM
                             CONDITIONS OF APPROVAL

1.      The applicant is advised that development contributions and infrastructure charges applicable to this
        development approval have been based on the following Uses Class/ Uses and applicable quantities:-

                    Existing Development                                   Approved Development
         Existing Use Class /
                                    Existing Quantity         Approved Use Class / Use           Approved Quantity
                 Use
                                                           Multiple Housing - Type 2 –
         Vacant Land               2 lots                                                        4 x 2 Bedroom Units
                                                           Duplex

2.      The applicant is informed that approval of this development application will trigger an Infrastructure
        Charge in accordance with the Coastal Major Road Network Infrastructure Charges Plan for the estimated
        amount of $5,451 and is subject to variations in the Consumer Price Index, All Groups Brisbane from
        March 2007 until the date of payment. An Infrastructure Charge Notice will be issued in accordance with
        Chapter 5 of the Integrated Planning Act 1997.

3.      The applicant is informed that payment via credit card transaction will not be an acceptable method of
        payment for development contributions conditioned in this permit or for infrastructure charge notices
        issued separately.

4.      The applicant is advised that a Compliance Permit for all plumbing and drainage works within the
        boundaries of the development site shall be obtained from Council’s Plumbing Services Section prior to
        obtaining a Development Permit for Building Works.

5.      Prior to the commencement of the development, a plumbing assessment must be obtained from Noosa
        Council’s Plumbing Services Section in accordance with the Plumbing & Drainage Act 2002 (as
        applicable).

6.      No assessment has been carried out in regard to exits, the fire services, fire separation, fire resistance
        levels, disabled access or facilities. The building certifier will assess these aspects as part of the building
        application.

7.      The development should be undertaken in a manner that causes no detrimental effect upon the amenity
        of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne hazards,
        atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance with the
        nuisance provisions of the Environmental Protection Regulation 1998 or Council’s Local Law No. 12 –
        Control of Nuisances.

8.      In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement,
        concrete, builder’s waste or rubbish should not be permitted to enter or be placed where it could
        reasonably be expected to move into a roadside gutter, storm water drain or a watercourse. On the spot
        fines apply for such offences.




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Section 10

NOOSA COUNCIL IDAS Development Application Decision Notice                                                        10 of 11



                                                    Appeal Rights
                                                    INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

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

   (b) a matter stated in a development approval,                         (a) the development application involves impact
       including any condition applying to the                                assessment; and
       development, and the identification of a code                      (b) the advice agency told the applicant and the
                            1
       under section 3.1.6;                                                   assessment manager to treat its response to the
   (c) the decision to give a preliminary approval when a                     application as a submission for an appeal.
       development permit was applied for;                                   (2) The appeal must be started within 20 business
   (d) the length of a currency period;                                   days after the day the decision notice or negotiated
                                                                          decision notice is given to the advice agency as a
   (e) a deemed refusal.                                                  submitter.
      (2) An appeal under subsection (1)(a) to (d) must                   Appeals for matters arising after approval given
   be started within 20 business days (the “applicant’s                   (co-respondents)
   appeal period”) after the day the decision notice or
   negotiated decision notice is given to the applicant.                  4.1.30.(1) For a development approval given for a
                                                                          development application, a person to whom any of
       (3) An appeal under subsection (1)(e) may be                       the following notices have been given may appeal to
   started at any time after the last day a decision on the               the court against the decision in the notice-
   matter should have been made.
                                                                          (a) a notice giving a decision on a request for
   Appeals by submitters                                                      extension of the currency period for an approval;
   4.1.28.(1) A submitter for a development application                   (b) a notice giving a decision on a request to make a
   may appeal to the court about-                                             minor change to an approval.
   (a) the giving of a development approval, including                        (2) The appeal must be started within 20 business
       any conditions (or lack of conditions) or other                    days after the day the notice of the decision is given
       provisions of the approval; or                                     to the person.
   (b) the length of a currency period for the approval.                        (3) Subsection (1)(a) does not apply if the
                                                                          approval resulted from a development application
       (2) The appeal must be started within 20 business                  (superseded planning scheme) that was assessed as
   days (the “submitters appeal period”) after the day                    if it were an application under a superseded planning
   the decision notice or negotiated decision notice is                   scheme.
   given to the submitter.
                                                                             (4) Also, a person who has made a request
      (3) If a person withdraws a submission before the                   mentioned in subsection (1) may appeal to the court
   application is decided, the person may not appeal the                  against a deemed refusal of the request.
   decision.
                                                                              (5) An appeal under subsection (4) may be
      (4) If an application involves both impact                          started at any time after the last day the decision on
   assessment and code assessment, appeal rights for                      the matter should have been made.
   submitters are available only for the part of the
   application involving impact assessment.                               Division 9 - Appeals to court about other matters
       (5) If an application is processed under section                   Appeals for matters arising after approval given
   6.1.28(2), appeal rights for submitters for the                        (no co-respondents)
   application are available only for the aspects of the
   development that would have required public                            4.1.31.(1) A person to whom any of the following
   notification under the repealed Act.                                   notices have been given may appeal to the court
                                                                          against the decision in the notice-
                                                                          (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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Section 11

NOOSA COUNCIL IDAS Development Application Decision Notice                                       11 of 11

                                      2
(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.




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




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