17.09.26 Noosa Council DEC NOTICE -

Noosa Council documents




                                                                                                                               MCU17/0025




                                                                         Appeal Rights
                                                                         SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                                                         REGULATION 2009




                      The following is an extract from the Sustainable Planning               (b)  has given the assessment manager a notice
                      Act 2009 (Chapter 7).                                                        under section 339(1)(b)(ii).
                                                                                      (4)   The appeal must be started within 20 business days
                      MATERIAL CHANGE OF USE, RECONFIGURING A LOT                           (the submitter’s appeal period) after the decision
                      & OPERATIONAL WORKS                                                   notice or negotiated decision notice is given to the
                                                                                            submitter.
                      Division 8          Appeals to        court relating to
                                          development        applications and         463 Additional and extended appeal rights for
                                          approvals                                       submitters         for     particular    development
                                                                                          applications
                      461    Appeals by applicants                                    (1) This section applies to a development application to
                      (1)    An applicant for a development application may               which chapter 9, part 7 applies.
                             appeal to the court against any of the following—        (2) A submitter of a properly made submission for the
                             (a) the refusal, or the refusal in part, of the              application may appeal to the court about a referral
                                  development application;                                agency’s response made by a prescribed concurrence
                             (b) any condition of a development approval,                 agency for the application.
                                  another matter stated in a development              (3) However, the submitter may only appeal against a
                                  approval and the identification or inclusion of a       referral agency’s response to the extent it relates to—
                                  code under section 242;                                 (a) if the prescribed concurrence agency is the chief
                             (c) the decision to give a preliminary approval                    executive (environment)—development for an
                                  when a development permit was applied for;                    aquacultural ERA; or
                             (d) the length of a period mentioned in section              (b) if the prescribed concurrence agency is the chief
                                  341;                                                          executive (fisheries)—development that 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 or          if the matters relate to code assessment—
                                  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 section                   under section 314; or
                                  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 decision
                             (b) any provision of the approval including—                 notice is given to the advice agency as a submitter.
                                  (i) a condition of, or lack of condition for, the   (4) However, if the advice agency has given the
                                        approval; or                                      assessment manager a notice under section
                                  (ii) the length of a period mentioned in                339(1)(b)(ii), the advice agency may not appeal the
                                        section 341 for the approval.                     decision.
                      (3)    However, a submitter may not appeal if the
                             submitter—                                               465 Appeals about decisions relating to extensions for
                             (a) withdraws the submission before the                      approvals
                                  application is decided; or                          (1) For a development approval given for a development
                                                                                          application, a person to whom a notice is given under




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Document Set ID: 20424844
Version: 7, Version Date: 26/09/2017                                                                                     Print Date: 26 September 2017, 3:05 PM