SUPERSEDED - 23313 DA Compiled Decision Notice [As Published] · 132003.220808.2

NOOSA COUNCIL IDAS Development Application Decision Notice                                                                          6




                                                      Appeal Rights
                                                      INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

     The following is an extract from the Integrated                            (5) If an application is processed under section
     Planning Act (Chapter 4).                                              6.1.28(2), appeal rights for submitters for the
                                                                            application are available only for the aspects of the
     Division 8 - Appeals to                   court      relating     to   development that would have required public
     development applications                                               notification under the repealed Act.
     Appeals by applicants                                                     (6) If an application involves assessment against
     4.1.27.(1) An applicant for a development application                  a concurrence agency code, appeal rights for
     may appeal to the court against any of the following-                  submitters for the application are not available
                                                                            against the part of the approval that represents the
     (a) the refusal, or the refusal                 in   part,   of   a    concurrence agency’s response for the code.
         development application;
                                                                            Appeals by advice agency submitters
     (b) a matter stated in a development approval,
         including any condition applying to the                            4.1.29.(1) An advice agency may, within the limits of
         development, and the identification of a code                      its jurisdiction, appeal to the court about the giving of
         under section 3.1.6;1                                              a development approval for a development
                                                                            application if-
     (c) the decision to give a preliminary approval when a
         development permit was applied for;                                (a) the development application involves impact
                                                                                assessment; and
     (d) the length of a currency period;
                                                                            (b) the advice agency told the applicant and the
     (e) a deemed refusal.                                                      assessment manager to treat its response to the
                                                                                application as a submission for an appeal.
        (2) An appeal under subsection (1)(a) to (d) must
     be started within 20 business days (the “applicant’s                      (2) The appeal must be started within 20 business
     appeal period”) after the day the decision notice or                   days after the day the decision notice or negotiated
     negotiated decision notice is given to the applicant.                  decision notice is given to the advice agency as a
                                                                            submitter.
         (3) An appeal under subsection (1)(e) may be
     started at any time after the last day a decision on the               Appeals for matters arising after approval given
     matter should have been made.                                          (co-respondents)
     Appeals by submitters                                                  4.1.30.(1) For a development approval given for a
                                                                            development application, a person to whom any of
     4.1.28.(1) A submitter for a development application
                                                                            the following notices have been given may appeal to
     may appeal to the court about-
                                                                            the court against the decision in the notice-
     (a) the giving of a development approval, including
                                                                            (a) a notice giving a decision on a request for
         any conditions (or lack of conditions) or other
                                                                                extension of the currency period for an approval;
         provisions of the approval; or
                                                                            (b) a notice giving a decision on a request to make a
     (b) the length of a currency period for the approval.
                                                                                minor change to an approval.
         (2) The appeal must be started within 20 business
                                                                                (2) The appeal must be started within 20 business
     days (the “submitters appeal period”) after the day                    days after the day the notice of the decision is given
     the decision notice or negotiated decision notice is                   to the person.
     given to the submitter.
                                                                                  (3) Subsection (1)(a) does not apply if the
        (3) If a person withdraws a submission before the                   approval resulted from a development application
     application is decided, the person may not appeal the                  (superseded planning scheme) that was assessed as
     decision.                                                              if it were an application under a superseded planning
        (4) If an application involves both impact                          scheme.
     assessment and code assessment, appeal rights for                         (4) Also, a person who has made a request
     submitters are available only for the part of the                      mentioned in subsection (1) may appeal to the court
     application involving impact assessment.                               against a deemed refusal of the request.
                                                                                (5) An appeal under subsection (4) may be
                                                                            started at any time after the last day the decision on
                                                                            the matter should have been made.


     1
          Section 3.1.6 (Preliminary approval may override local planning
         instrument)



H o:\database\onestop\decision.doc                                                      5/11/07