001A9301.001

Noosa Iconic Panet                          Attachments to Decision Notice - Approval with conditions
                            Material change of use (Visitor Accommodation Type 4 - Conventional, Entertainment &
                           Dining Business Type 1 ~ Food & Beverages, & Retail Business Type 2 — Shop & Salon)
                                                                 9,11, 13 & 19 Hastings Street, Noosa Heads
                                                                                              21 May 2009

                                                                                         ATTACHMENT C

          Division 8 - Appeals to court relating              (3) If a person withdraws a submission
          to development applications                     before the application is decided, the
          Appeals by applicants                           person may not appeal the decision.
         4.1.27.(1) An applicant for a development         __ (4) Ifan application involves both =
          application may appeal to the court against      impact assessment and code assessment,
          any of the following-                           appeal rights for submitters are available
;         (a) the refusal, or the refusal in part, of a   only for the part of the application
                                  are                      involving impact assessment.
             development application;                                      an
                                .                             (5) If an application is processed under
          (b)a  matter  stated  in  a   development           :                     :
                         .     .                we         section 6,1.28(2), appeal rights for
             approval,   including   any   condition                             eee           .
                  .                                        submitters for the application are available
             applying to the development, and the
             .    .    .                         .        only for the aspects of the development that
             identification of a code under section                        .        .    .     .
                  1                                       would have required public notification
             3.1.6;
                  ‘teciei        .          limi           under the repealed Act.
          (c) the  decision to  give  a  pre imanary          (6) If an application involves
             approval when a development permit                           .
                     .                                     assessment against a concurrence agency
             was applied for;                                           .              .
                                       .                   code, appeal rights for submitters for the
          (d) the length of a relevant period;             application are not available against the
          (e) a deemed refusal.                            part of the approval that represents the
             (2) An appeal under subsection (1)(a) to      concurrence agency’s response for the
          (d) must be started within 20 business days      code.
          (the “applicant’s appeal period”) after the      Appeals by advice agency submitters
          day the decision notice or negotiated            4.1.29.(1) An advice agency may, within
          decision notice is given to the applicant.       the limits of its jurisdiction, appeal to the
             (3) An appeal under subsection (1)(e)         court about the giving of a development
          may be started at any time after the last day    approval for a development application if-
          a decision on the matter should have been        (a)the development application involves
         made.                                                impact assessment; and
          Appeals by submitters                            (b) the advice agency told the applicant and
          4,1.28.(1) A submitter for a development            the assessment manager to treat its
       *  application may appeal to the court about-          response   to  the   application  as   a
          (a) the giving of a development approval,           submission for an appeal.
             including any conditions (or lack of             (2) The appeal must be started within 20
   ,         conditions) or other provisions of the        business days after the day the decision
             approval; or                                  notice or negotiated decision notice is
          (b) the length of a relevant period for the      given to the advice agency as a submitter.
             approval.                                     Appeals for matters arising after
         _   (2) The appeal must be started within 20      approval given (co-respondents)
          business days (the “submitters appeal            4.1.30.(1) For a development approval
          period”) after the day the decision notice       given for a development application, a
          or negotiated decision notice is given to the    person to whom any of the following
          submitter.                                       notices have been given may appeal to the
          2)                                               court against the decision in the notice-             ,
          ' Section 3.1.6 (Preliminary approval may override
          local planning instrument)

          Page 8 of 9                                               .