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Change to an Existing Approval - Refusal - 010.2005.00000445.002 [As Published] · 132005.445.02

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                                             Officer:          Denis Wallace
                                             Direct Telephone: (07) 5449 5179
                                             Response Address: Locked Bag 72
                                                               Sunshine Coast Mail Centre QLD 4560
                                             Email:            [email protected]
                                             Our Reference:    2005/445
                                             Your Reference:
21 December 2009

Gavin Maddock Design
PO Box 1982
NOOSA HEADS QLD 4567



Dear Sir

                        Change to an Existing Approval
                                  Integrated Planning Act 1997

I refer to your request to make a change to an existing approval. On 17 December 2009 Council
decided your requested changes.
Details of the decision are as follows:

APPLICATION DETAILS

 Application No:                 2005/445
 Street address:                 32 Arakoon Crescent, Sunshine Beach
 Real property description:      Lot 798 RP 48111
 Planning Scheme:                The Noosa Plan

DECISION DETAILS

Council decided to refuse the requested changes for the following reasons:
1.     The approved development significantly conflicts with the current planning provisions of The
       Noosa Plan for a Detached House on the site; and
2.     The approved development would result in an over-development of the site and would
       negatively impact on the amenity of neighbouring premises and surrounding areas.

RIGHTS OF APPEAL

You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Integrated Planning Act 1997 is attached.




                                                                                         Page 1 of 4
Full text of the other 3 pages

Page 2

                                                                                      2005/445




Should you wish to obtain more information about Council’s decision electronic copies are available
on line at www.sunshinecoast.qld.gov.au, or at Council Offices.


Decision Notice History
25 November 2005               Original Decision Notice.
23 March 2006                  Negotiated     Decision    Notice  with
                               amendments to Condition 9. Refused
                               to amend Condition 3, 5, 15.4 & 19 and
                               refuse to delete Condition 20
17 December 2009               Refused to change condition 13 in
                               relation to an extension of the currency
                               period.


Yours faithfully,




Kerri Coyle
Coordinator Planning Applications - North




                                                                                    Page 2 of 4

Page 3

                                                                                                  2005/445



                                                  Appeal Rights
                                                  INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




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

Page 4

                                                                    [document year]/[document number]



Division 9 - Appeals to court about other               Division 3 – Appeals to tribunals relating to
matters                                                 development applications
Appeals for matters arising after approval given        Appeals by applicants
(no co-respondents)
4.1.31.(1) A person to whom any of the following
notices have been given may appeal to the court         4.2.9(1) An applicant for a development application
against the decision in the notice-                     may appeal to the Building and Development
(a) a notice giving a decision on a request to          Tribunal against any of the following-
    change or cancel a condition of a development       (a) the refusal, or the refusal in part, of a
    approval.                                               development application;
                                   2
(b) a notice under section 6.1.44 giving a decision     (b) a matter stated in a development approval,
    to change or cancel a condition of a                    including any condition applying to the
    development approval.                                   development, and the identification of a code
                                                                                  3
    (2) The appeal must be started within 20                under section 3.1.6;
        business days after the day the notice of the   (c) the decision to give a preliminary approval when a
        decision is given to the person.                      development permit was applied for;
    (3) Also, a person who has made a request           (d) the length of a period mentioned in section 3.5.21
        mentioned in subsection (1)(a) may appeal             currency period;
        to the court against a deemed refusal of the    (e) a deemed refusal.
        request.                                            (2) An appeal under subsection (1)(a) to (d) must
    (4) An appeal under subsection (3) may be           be started within 20 business days (the “applicant’s
        started at any time after the last day the      appeal period”) after the day the decision notice or
        decision on the matter should have been         negotiated decision notice is given to the applicant.
        made.                                               (3) An appeal under subsection (1)(e) may be
Appeals against decisions to change approval            started at any time after the last day a decision on the
conditions under the repealed Act                       matter should have been made.
4.1.33A.(1) A person who is dissatisfied with a         The Registrar for the Building and Development
                                                        Tribunal may be contacted at the website
decision made on an application to change the
                                                        http://www.localgovernment.qld.gov.au/
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.
For Building Works Only
Rights of appeal conferred by Section 4.2.9 of the
Integrated Planning Act 1997 as follows:


2
     Section 6.1.44 (Conditions may be changed or
                                                        3
    cancelled by assessment manager or concurrence           Section 3.1.6 (Preliminary approval may override
    agency in certain circumstances)                        local planning instrument)
                                                                                             Page 4 of 4

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