SARA referral Response

Noosa Council documents

MCU15/0111

_@ | NOOSA Bobi

ee | COUNCIL

The following is an extract from the Sustainable Planning
Act 2009 (Chapter 7).

MATERIAL CHANGE OF USE, RECONFIGURING A
LOT & OPERATIONAL WORKS

Division 8 Appeals to court relating to
development applications and
approvals

461 Appeals by applicants

(1)

(2)

(3)

462
(1)

(2)

(3)

Document Set ID: 20103451

An applicant for a development application may

appeal to the court against any of the following—

(a) the refusal, or the refusal in part, of the
development application;

(b) any condition of a development approval,
another matter stated in a development
approval and the identification or inclusion of
a code under section 242;

(c) the decision to give a preliminary approval
when a development permit was applied for;

(d) the length of a period mentioned in section
341;

(e) a deemed
application.

An appeal under subsection (1)(a), (b), (c) or (d)

must be started within 20 business days (the

applicant's appeal period) after—

(a) if a decision notice or negotiated decision
notice is given—the day the decision notice
or negotiated decision notice is given to the
applicant; or

(b) otherwise—the day a decision notice was
required to be given to the applicant.

An appeal under subsection (1)(e) may be started

at any time after the last day a decision on the

matter should have been made.

refusal of the development

Appeals by submitters—general

A submitter for a development application may

appeal to the court only against—

(a) the part of the approval relating to the
assessment manager's decision about any
part of the application requiring impact
assessment under section 314; or

(b) the part of the approval relating to the
assessment manager's decision under
section 327.

To the extent an appeal may be made under

subsection (1), the appeal may be against 1 or

more of the following—

(a) the giving of a development approval;

(b) any provision of the approval including—

(i) a condition of, or lack of condition for,
the approval; or

(ii) the length of a period mentioned in
section 341 for the approval.

However, a submitter may not appeal if the

submitter—

(a) withdraws the submission
application is decided; or

(b) has given the assessment manager a notice
under section 339(1)(b)(ii).

before the

Version: 1, Version Date: 25/07/2016

(4)

463

(1)
(2)

(3)

(4)

464
(1)

(2)

(3)

(4)

465

(1)

SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
REGULATION 2009

The appeal must be started within 20 business days
(the submitter’s appeal period) after the decision
notice or negotiated decision notice is given to the
submitter.

Additional and extended appeal rights for
submitters for particular development
applications

This section applies to a development application to

which chapter 9, part 7 applies.

A submitter of a properly made submission for the

application may appeal to the court about a referral

agency's response made by a_ prescribed
concurrence agency for the application.

However, the submitter may only appeal against a

referral agency's response to the extent it relates

to—

(a) if the prescribed concurrence agency is the
chief executive (environment)—development for
an aquacultural ERA; or

(b) if the prescribed concurrence agency is the
chief executive (fisheries}—development that
is—

(i) a material change of use of premises for
aquaculture; or

(ii) operational work that is the removal,
damage or destruction of a marine plant.

Despite section 462(1), the submitter may appeal

against the following matters for the application even

if the matters relate to code assessment—

(a) a decision about a matter mentioned in section
462(2) if it is a decision of the chief executive
(fisheries);

(b) a referral agency's response mentioned in
subsection (2).

Appeals by advice agency submitters

Subsection (2) applies if an advice agency, in its

response for an application, told the assessment

manager to treat the response as a properly made
submission.

The advice agency may, within the limits of its

jurisdiction, appeal to the court about—

(a) any part of the approval relating to the
assessment manager's decision about any part
of the application requiring impact assessment
under section 314; or

(b) any part of the approval relating to the
assessment manager's decision under section
327.

The appeal must be started within 20 business days

after the day the decision notice or negotiated

decision notice is given to the advice agency as a

submitter.

However, if the advice agency has given the

assessment manager a notice under section

339(1)(b)(ii), the advice agency may not appeal the
decision.

Appeals about decisions relating to extensions
for approvals

For a development approval given for a development
application, a person to whom a notice is given under

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Print Date: 25 July 2016, 3:34 PM