Decision Notice - Concurrence Agency - EPA [As Published] · 132008.310

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      SK.03                A        Floor Plan Notes & Dimensions – Thompsett          January 2008
                                    Architecture
      SK.04                A        Section AA & Section BB – Thompsett                January 2008
                                    Architecture
      SK.05                A        North Elevation & East Elevation – Thompsett       January 2008
                                    Architecture
      SK.06                A        South Elevation – Thompsett Architecture           January 2008

      and as may be amended by these conditions.
2.    The development must be undertaken and operated in a manner that causes no detrimental
      effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
      lighting nuisance or other emissions.
3.    The open space and setback areas are to be landscaped in accordance with Council’s
      Landscaping Code and Planning Scheme Policy PSP3 on Landscaping Plants and Guidelines
      and a properly prepared landscape plan prepared by a suitably qualified Landscape Architect
      or Horticulturalist. Such landscaping is to be completed prior to the premises being occupied
      and maintained at all times thereafter.
4.    All fencing shall be setback at least 1 metre from the front property boundary, with at least half
      of the fencing setback 2 metres. The area of land between the fence and the front property
      boundary shall be densely landscaped to screen any fencing from the street.
5.    Any advertising sign or device is to comply with Council's policies on advertising.
6.    Secure bicycle racks shall be provided on site to accommodate a minimum of 13 bicycles.
7.    The premises are to be identified by the provision of a street number in a prominent location to
      ensure it is identifiable to all persons, particularly emergency services personnel.
8.    The proposed development shall have all kitchen, laundry and bathroom fittings that comply
      with the AAA Water Conservation Rating System as defined by the AS/NZS 6400 (Water
      Efficient Products - Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and
      Drainage Standard Part 1.2), with toilets to comply with the AAAA Water Conservation Rating
      System. All tap ware and shower roses shall not exceed a maximum flow of 9 litres per min.
      Dishwashers and washing machines are excluded from this requirement.
9.    All hot water systems installed shall be either solar systems; electric heat pump systems; or
      gas systems (LPG or natural).
10.   The development shall not exceed a maximum building height of 2 storeys and 8 metres
      above natural and finished ground level.
11.   A verification survey of the building is to be carried out by a Licensed Surveyor and a
      certificate lodged with Council at completion of work confirming compliance with the maximum
      allowable building height as required by either the conditions of approval or the Planning
      Scheme.
12.   The Development Permit for a material change of use of premises lapses if the use has not
      happened by 25 August 2012, unless an application to extend the currency is approved by
      Council.




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Land Development
Lot Amalgamation
13.   All separate, adjoining lots that form part of this application shall be amalgamated into one
      undivided allotment in accordance with Section 3.7.3 of the Integrated Planning Act 1997 and
      the Plan of Survey submitted for registration at the Land Titles Office. Proof of title being
      issued for the amalgamated lot shall be submitted to Council prior to the issue of the
      Development Permit for Building Works.
Frontage Works
14.   Footpath improvements such as topsoiling, grassing, and tree planting are required to the
      David Low Way and Woodland Drive frontages of the site in accordance with Planning
      Scheme Policy PSP03 Landscaping Plants & Guidelines. Grass shall be couch and free of
      weeds.
15.   All paths, pram ramps, driveways and parking areas shall be designed and constructed to
      ensure pedestrian safety using non-slip materials, to produce an evenly graded surface finish,
      and to be in accordance with the Disability Discrimination Act 1992 and Australian Standard
      1428.1 Design for Access & Mobility.
Roof Water & Stormwater Drainage
16.   Roof runoff from any new building shall be directed to a rainwater storage system or tank that
      is installed to ensure water from the rainwater storage system or tank is used for external uses
      (such as watering gardens, irrigation, ornamental ponds, water features, outdoor cleaning, etc)
      and for internal (ground floor) use in washing machine cold taps and toilet cisterns. All
      rainwater tanks are to be designed and installed in accordance with the Queensland
      Development Code (QDC) current at the time of building approval, and shall be part of the
      plumbing application for approval. The location and capacity of the tanks shall be clearly
      shown on the plans submitted for Building Works approval and any overflow shall be directed
      to the kerb and channel located in Woodland Drive.
17.   All stormwater drainage (including roof water overflow from the rainwater storage system)
      shall be collected and discharged so there is no net increase in stormwater runoff from the
      site. Stormwater drainage permitted to drain from the site shall be discharged to Council’s
      kerb & channel street drainage system in Woodland Drive. Plans of the drainage design shall
      be prepared by a Registered Professional Civil Engineer and submitted as part of any
      application for a Development Permit for Building Works.
      The maximum discharge of stormwater drainage allowable to Council’s kerb & channel street
      drainage system at any one location is 25 litres/second.
18.   All site stormwater drainage shall be by means of a gravity system.
19.   The site shall be sufficiently stabilised at all times to ensure no scour or sediment laden runoff
      to the Council’s kerb & channel street drainage system
Sewer Mains
20.   The site shall be connected to Council’s existing sewerage reticulation systems and be
      constructed in accordance with Council’s standards and requirements at no cost to Council.
21.   The existing sewer main that traverses the site and the ‘zone of influence’ (taken as the area
      within a 45-degree angle measured from the invert of the sewer main to the finished surface
      level) shall be accurately located and determined by a licensed Surveyor and shown on all
      plans submitted for Building Works approval.
      In respect of the ‘zone of influence’ the proposed building shall be relocated so that it is not
      located within the ‘zone of influence’.

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      To ensure Council’s sewer main is accessible for maintenance purposes and is protected from
      risk of damage no structures requiring a building permit (eg. buildings, swimming pools,
      retaining walls exceeding 1m in height, raised terraces, etc) shall be constructed within this
      ‘zone of influence’ or within 1.5m of the centreline of the sewer main, whichever is the greater.
      As such the applicant shall amend Building plans to ensure compliance.
Town Water Supply
22.   The site shall be connected to Council’s existing town water supply and be constructed in
      accordance with Council’s standards and requirements at no cost to Council.
23.   Each individual water connection to the water reticulation system shall extend to the property
      boundary and be metered. All fees for the supply of water meters shall be paid to the Council.
24.   All water meters must be located outside the property boundary and in an easily assessable
      location to facilitate unhindered reading by Council and/or Council’s contracted water meter
      readers, and not behind fences or locked gates. In this regard approval of the water meter
      configuration and location must be obtained from Council’s Water & Sewerage Capital Works
      Manager prior to lodgement and approval of hydraulic drawings.
Service Easements (Sewer)
25.   A registered easement shall be created over the zone of influence of all sewers within the
      subject site and over those parts of the subject site that are impacted upon by sewers on any
      adjoining sites. The easements shall generally be parallel to and centred over the sewer main
      and be equivalent in width to twice the depth to invert level of the sewer at the deepest point
      within the allotment (measured from the finished surface) and be no less than 3.0m wide
      overall. In this regard a licensed surveyor shall accurately locate all sewer mains and
      determine the necessary width of the easement, which shall be shown on any plans submitted
      for Building Works approval. To this extent the surveyor shall certify that the sewer and the
      zone of influence is wholly contained within the easement to be created.
      In addition to this the Applicant’s Solicitor shall give Council’s Solicitor an appropriate
      undertaking in writing that the Title Deed and the easement documents will be lodged at the
      Land Titles Office and any additional Titles Office forms or requisitions requiring the consent of
      Council will be attended to promptly.
      A duly executed copy of the easement shall be submitted to Council for perusal prior to the
      use commencing.
      Any changes required by Council’s Solicitor must be corrected immediately.
26.   No building or other structure shall be constructed or encroach over an easement.
Erosion and Sediment Control
27.   Any person acting on this permit shall prevent erosion and sediment export from leaving the
      site. Site control measures that are necessary during construction include, but are not limited
      to silt fencing, controlled gravel access to the site and controlled disposal of waste.
      In this regard plans detailing the methods of controlling erosion and sediment are required to
      be submitted as part of any application for a Development Permit for Building Works.
General
28.   Any damage caused to any public utility during the course of construction shall be repaired to
      Council’s standards and at no cost to Council.
29.   Any alteration of any public utility or other facilities necessitated by the development of the
      land or associated construction works external to the site shall be at no cost to Council.
30.   The transportation of all materials to and from the site shall be undertaken in a manner such
      that no particle matter escapes onto a public road. All vehicles carrying materials either to or
      from the site shall be covered to prevent materials including dust being windblown from the
      vehicle.
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5     REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:

 Referral Trigger               Referral Status   Referral Agency            Referral Address

 Area management                Concurrence       Environmental              Contaminated Land Unit
 advice given for                                 Protection Agency          GPO Box 2771
 unexploded ordnance                                                         BRISBANE QLD 4001

A copy of any referral agency conditions is attached.

6     APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following
table:
 Plan / Document No.        Rev.     Plan / Document Name                          Date
 SK.01                      A        Site Plan/Roof     Plan       –   Thompsett   January 2008
                                     Architecture
 SK.02                      A        Floor Plan – Thompsett Architecture           January 2008
 SK.03                      A        Floor Plan Notes & Dimensions –               January 2008
                                     Thompsett Architecture
 SK.04                      A        Section AA & Section BB – Thompsett           January 2008
                                     Architecture
 SK.05                      A        North Elevation & East Elevation –            January 2008
                                     Thompsett Architecture
 SK.06                      A        South     Elevation       –       Thompsett   January 2008
                                     Architecture

7     ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1.    The applicant is advised that development contributions and infrastructure charges applicable
      to this development approval have been based on the following Uses Class/ Uses and
      applicable quantities: -

                    Existing Development                                Approved Development
         Existing Use Class                                 Approved Use Class
                                    Existing Quantity                                 Approved Quantity
                / Use                                             / Use
                                                            Community Uses –
                                                                                            2
         Detached Housing          2 Lots                   Wellbeing Type 2         385m use area
                                                            Social

2.    The applicant is informed that payment of the following Infrastructure Charge and contribution
      amounts as at June 2008 have been waived in accordance with Council’s Policy for Rate
      Rebates and Waiver of Fees for Community Organisations:

         Infrastructure Charge or Planning Scheme Policy:                                 Amount:
         Council’s Coastal Major Road Network Infrastructure Charges Plan                 $ 54,913

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        Council’s Planning Scheme Policy PSP13 Contributions in Lieu of the             $ 224,200
        Provision of Off-Street Parking                                                 (19 spaces)
        Council’s Planning Scheme Policy PSP20 Pathway Trunk Network
                                                                                        $ 1,140
        Contributions

3.    The applicant is advised that a Compliance Permit for all plumbing and drainage works within
      the boundaries of the development site shall be obtained from Council’s Plumbing Services
      Section prior to obtaining a Development Permit for Building Works.
4.    Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if
      the cost of operational works exceeds $80,000, then a portable long service leave levy is
      required to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight
      the approved form issued by the Building and Construction Industry (Portable Long Service
      Leave) Authority that confirms that the requirements of the Act have been satisfied. A statutory
      declaration outlining the cost of the operational works must be submitted to Council with the
      lodgement of any application for operational works over the site.
5.    We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their responsibilities
      under the Disability Discrimination Act (DDA) in regard to the installation of disabled access
      and the provision of disabled facilities, and that access to this building and the provision of
      sanitary facilities may need to comply with the requirements of Section D Part D3 and Section
      F Clause F2.4 of the Building Code of Australia.
6.    The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
      Local Law No. 12, prevents a builder or building contractor carrying out building work on a
      building site in a way that makes or causes audible noise to be made from the building work:-
      6.1.    On a Sunday or public holiday, at any time; or
      6.2.    On a Saturday or a business day, before 7.00am or after 6.30pm.
      A maximum penalty of $1,500 applies to an offence under this legislation.
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries
out an activity must take all reasonable and practicable measures to ensure the activity does not
harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial
monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions
may also be issued by the Land and Resources Tribunal, and the Minister administering the Act can
also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or
the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.

8     PROPERTY NOTES
Not applicable

9     PRELIMINARY APPROVAL OVERRIDING SCHEME

Not applicable




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10     FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required         Subject of the required Development Permit
 Development Permit for Building Works       All Building Works

11     SELF ASSESSABLE CODES

The developer must comply with the following codes for self-assessable development related to the
development approved under this Decision Notice:
Advertising Devices Code
12     SUBMISSIONS

Not applicable

13     REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable

14     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.
During the appeal period, you as the applicant may make written representations to Council about
the conditions contained within the development approval. If Council agrees or part agrees with the
representations, a “negotiated decision notice” will be issued. Only one “negotiated decision notice”
may be given. Taking this step will defer your appeal period, which will continue after Council makes
its decision. (Refer to sections 3.5.17 and 3.5.18 of the Integrated Planning Act 1997).

15     OTHER DETAILS

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.

Yours faithfully,




Tracy Jones
SENIOR PLANNING OFFICER




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Referral Agency Conditions                           –
Environmental Protection Agency
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




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2008/310

 

IDAS C-6
maintains a list of commercial UXO investigation and remedial search contractors that it accredits to
carry out this work.

Defence also recommends that owners or occupiers of potentially affected land and workers and
contractors employed on the land need to be aware of the procedure if a suspect object is found.

As the EPA has no record of the site being further investigated or remediated, it is considered that
there remains a possibility of UXO being found on it.

4 Conditions
The following concurrence agency conditions are to be attached to any approval:

4.1 Prior to the commencement of any development-related excavation, earthworks or soil
disturbance, that part of the site to be so worked is to be subjected to investigation and,
where necessary, appropriate remedial action.

4.2. Any person employed to work on any part of the site where Condition 4.1 has not been
satisfied is to be forewarned in writing by the applicant.

This warning is to explain that information available to the EPA indicates a potential for
residual UXO exists on the site and work should proceed with due caution. It is to state the
procedure to be followed by any person finding an object suspected of being explosive
ordnance or component thereof:

Do not disturb the object.

Take action, where appropriate, to prevent it being disturbed by another person.
Note its approximate dimensions and general appearance.

Note the route to its location.

Advise the Police as soon as possible.

4.3 Following investigation and any remedial action taken to satisfy Condition 4.1 above, the
applicant is to submit a report, prepared in accordance with current guidelines, to the EPA for
assessment. The EPA is to subsequently advise the Noosa Council and the applicant of its
assessment in regard to Condition 4.1 being satisfied.

4.4 No gravel, rock, sand or soil is to be removed from the balance part of site without written
EPA approval.

4.5 The applicant is to advise the owner and any occupier of the site of the above responsibilities.

5 Additional comments or advice .

Applicants may contact the EPA’s Contaminated Land Unit on (07) 3224 5644 or visit the Defence
website http://www.defence,vov.au/uxo/ for the details of current UXO investigation and remedial
search contractors. The EPA accepts reports based on investigative and remedial work carried out
by these contractors.

Investigation and remedial action to satisfy Condition 4.1 typically involves sampling/search
programs with detection equipment unless the use of such equipment is:

* considered unwarranted by a UXO contractor due to the extent of any prior excavation or
earthworks or, conversely, of any filling proposed as part of the development program; or

VER2

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IDAS C-6

© prevented or made impracticable by the presence of a structure, stockpile, natural barrier or
metal waste.

In the latter case, alternative action may be appropriate to minimise the risk in the first instance. For
example, where the risk of exposure to any UXO that may exist is reduced by the presence of a
structure or natural barrier, issuance of the standard UXO warning (see Condition 4.2) may suffice
while the structure, stockpile or barrier remains in place. Where a structure is to be removed or
reduced as part of the development program, protective precautions, commensurate with any greater
tisk to which workers might then be exposed, may need to be considered. Progressive assessment
will be necessary where such circumstances exist. Unless, at the completion of preliminary works,
there is evidence then available to the UXO contractor that any residual risk is negligible, t the use of
detection equipment will typically be required to confirm the site’s status.

Where investigation, along with any subsequent remedial action and assessment, is to be
implemented by stages to satisfy Condition 4.1 and 4.3, a preliminary investigation report should be
submitted by the applicant to the EPA along with a management plan for the proposed work. Staged
investigation/remediation is most likely to be applicable where development of smaller, built-on lots
(which can present circumstances such as those discussed above) or broadhectare sites is proposed. In
such cases, the EPA’s assessment of the report and advice to Council in regard to approval of the
development will be dependent on agreement with the management plan.

Where Condition 4.1 is to be satisfied by a whole lot or broadhectare development stage being
subjected to investigation and any necessary remedial action, the EPA, based on the subsequent
investigation/remediation report’s findings and recommendation/s, may reassess the lot, or that portion
comprising the development stage, as being remediated or not needing remediation, and advise the
applicant and Council accordingly. Otherwise, any balance of land that has not been further
investigated will retain the risk assessment made by Defence. This is unless evidence obtained from
the investigated part/s can be used to refute Defence’s assessment in regard to all or part of the
balance. In the latter case, the EPA may reassess all of the balance or the applicable part/s as being
unaffected by UXO.

6 Additional information

This concurrence response applies only to contaminated land issues and does not remove the need to
obtain any further approval for this development which may be required by this or other legislation,
State and/or Commonwealth. Applicants are advised to check with ali relevant statutory authorities.
Applicants should also comply with all relevant legislation.

The EPA has not provided a notification to native title parties for this application. The State’s
Native Title Work Procedures indicate that the responsibility for assessment of native title issues for
an IDAS application rests with the Assessment Manager. It is recommended that the Assessment
Manager determines whether native title notification is required for this application.

*End of response*
IDAS C-6 CLM

VER 2

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UNEXPLODED ORDNANCE (UXO) CONTRACTORS

Department of Defence accredited UXO investigation and remedial search contractors are listed below.
The Environmental Protection Agency (QLD) accepts reports based on investigative and remedial work carried out by these contractors.

 

 

BACTEC South East Asia Pty Ltd

Managing Director:
Timothy Pippett

Unit 1, 43 Stanley Street
PEAKHURST NSW 2210

Tel: (02) 9584 7500
Mobile: 0412 663 541
Fax: (02) 9584 7599

 

Website: http://www.bactec.com.au/

Manager, Expiosive Ordnance Services:

Mark Latimer

Tel/Fax: (07) 5526 0881
0438 443 283
[email protected]

   

 

G-tek Australia Pty Ltd

Chief Operating Officer:
Greg Guthrie

25 Applecross Avenue
CASTLE HILL NSW 2154

Tel: (02) 9680 7268
Mobile: 0418 977 424
Fax: (02) 9680 7403
Email:

 

Website:
:/www.g-tek.biz/

 

UXO Projects Manager:
Max Verrier

Tel: (07) 5493 8577
Mobile: 0418 776 203
Fax: (07) 5493 7405

 

 

Milsearch Pty Ltd

Managing Director:
David Halmarick

Unit 5, Level |

30 Mawson Place
MAWSON ACT 2607
Mailing Address:

PO Box 687
MAWSON ACT 2607

(02) 6286 8299

Mobile: 0419 944 397

Fax: (02) 6286 8266

i]: [email protected]
Website: http:/Avww.milsearch.com.au/

 

 

 

Queensland Operations Manager:
Paul Ingerton

Tel: (07) 3824 1669
Mobile: 0413 452698
Email: [email protected]

 

 

CSG Demining Consultants

(Offers all Consultancy & Investigation
services but does not undertake
Remediation)

Managing Director:

Carl Chirgwin

151 Golf Links Road
MAIDEN GULLY Vic 3551

Tel: (03) 54462408
Mobile: 0417-527264

 

Website:
http://www.csgdemining.com.au

 

 

 

 

  

/iwww.defence.gov.au/uxol

 

Version — 21/08/2007

ist is drawn from the Department of Defence National UXO Office’s panel of UXO investigation and remedial search companies that can be found on
he

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                                                 Appeal Rights
                                                INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




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

1
     Section 3.1.6 (Preliminary approval may override
    local planning instrument)
                                                                                           Page 12 of 13

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


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)
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