Council archive · source document
Decision Notice [As Published] · 132009.363
Officer: Jack Lewis
Direct Telephone: (07) 5449 5183
Response Address: Locked Bag 72
Sunshine Coast Mail Centre QLD 4560
Email: [email protected]
Our Reference: 2009/363
Your Reference: 01023 LO1MK
30 April 2010
Muzztrac Pty Ltd
CARE Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS QLD 4567
Dear Sir/Madam
Decision Notice
Integrated Planning Act 1997
I refer to your application and advise that on 29 April 2010 Council decided to approve the
application in full subject to conditions.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: 2009/363
Street address: 21 Attunga Heights, Noosa Heads
Real property description: Lot 11 RP 89506
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
The following type of approval has been issued:
Development Permit for Material Change of Use - Multiple Housing Type 2 - Duplex
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
4 ASSESSMENT MANAGER CONDITIONS
General
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table and as
amended by these conditions.
Plan / Document No. Issue. Plan / Document Name Date
0832/1 A Basement – Agenti Architects 05/08/2009
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0832/2 A Level One – Agenti Architects 05/08/2009
0832/3 A Level Two – Agenti Architects 05/08/2009
0832/6 A Roof Layout – Agenti Architects 05/08/2009
0832/7 B Landscaping – Agenti Architects 10/03/2010
0832/7A B Elevation A, B & Section 1.1– 10/03/2010
Agenti Architects
0832/8 B Elevations (North & West) – Agenti 10/03/2010
Architects
0832/9 B Sections – Agenti Architects 10/03/2010
0832/10 B Elevations (East & South) – Agenti 10/03/2010
Architects
0832/12 A Site Layout Showing Boundary 05/08/2009
Openings – Agenti Architects
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 developer must obtain all of the other Development Permits referred to in the Decision
Notice, prior to obtaining a Development Permit for Building Works.
Building Height
4. The development shall not exceed 8 metres above Natural Ground Level. 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.
Building Design
5. Any mechanical plant and equipment including air conditioning units are to be visually
integrated into the line of the building and roof design.
6. Any deck or balcony areas shall not to be enclosed with shutters, glass panelling or the like,
thus remaining as open structures.
7. No shade sails are to be installed on the top of the roof top terrace.
Landscaping
8. The open space and setback areas are to be landscaped in accordance with Council’s
Policy on Landscaping Guidelines (PSP 3) 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 and
shall include:-
8.1. The existing seven (7) trees indicated on plan number 0832/1 - Basement Plan and
dated 5/8/09 shall be retained;
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8.2. Native screening vegetation shall be provided within garden beds with a minimum of
500mm width along the side and rear boundaries to protect the amenity of
neighbouring residents;
8.3. The wire trellis indicated on plan number 0832/7B – Elevation A & B and dated
10/03/10 shall incorporate an appropriate climbing/creeping species along its length;
8.4. A planter box is to be located around the eastern and western edge of the roof top
terrace with a minimum of 300mm width and to a height above the terrace eave line.
Plantings within this area is to provide a physical barrier around the terrace, limiting
the potential for overlooking into adjoining premises;
8.5. A well-defined pathway leading to the front entrance of the dwelling is required, and
is not to form part of any private outdoor living areas;
2
8.6. Exclusive clothes drying areas with minimum dimensions of 25m ;
8.7. A minimum of 2 x 45 Litre native street trees shall be established on the frontage
within the road reserve and include the following species:
SMALL STREET TREES IN COASTAL AREAS UNDER POWER LINES
Acronychia imperforata Fraser Island apple
Alectryon coriaceus Beach birds eye
Acmena hemilampra Broad leafed lilly pilly
Banksia aemula Wallum banksia
Banksia integrifolia
Casuarina glauca Swamp sheaok
Elaeocarpus reticulatus Blue berry ash
Eucalyptus bancrofftii Tumbledown gum
Grevillea banksii Red flowering silky oak
Petalostigma pubescens Quinine berry
8.8. Cleared vegetation is to be suitably processed by one of the following methods and
removed from the site:-
8.8.1. Processing through a woodchipper or shredder. The resulting mulch is to be
stockpiled loose in heaps of less than 1000 cubic metres, less than 2.5
metres high with a minimum of 10 metres between edges of heaps.
8.8.2. Disposal for firewood.
8.8.3. Disposal for landscaping purposes.
8.8.4. Transport to alternative site for breaking down materials provided that all
necessary permits have been obtained to allow the alternate site to be used
for this purpose.
The disposal method for clearing works is to be submitted in conjunction with an
application for a Development Permit for Operational Work. The Applicant is advised
that other methods may be considered provided full details of the method are
submitted. The Applicant is advised that burning off is an unacceptable method of
disposal.
9. Existing trees on the site and within road reserves are to be retained, except where required
to be removed due to building operations or the conduct of the approved use
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Fencing
10. 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.
Security Bond
11. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be
submitted, to secure performance of all conditions of this approval, prior to the issue of a
Development Permit for Operational Works. The cash bond or trading bank guarantee will be
returned on performance of the conditions of approval less any costs incurred by Council in
respect of enforcing performance of this permit.
12. The requirements of this development approval are to be effected, prior to the use of the
premises. Council reserves the right to call upon the bond or guaranteed sum referred to in
this approval to effect compliance with conditions.
Relevant Period
13. The Development Permit for a material change of use lapses if the use has not happened by
29 April 2014, unless an application to extend the currency is approved by Council.
Vehicle Access
14. A vehicular access driveway to serve the development shall be constructed from the Attunga
Heights frontage of the site with a maximum width of 3.0m.
15. The driveway shall be designed and constructed to Council’s design standards and to
grades that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians
movements along the footpath without any step or level difference. Should any driveways be
constructed to grades that do not comply with AS/NZS 2890.1-2004, Council will require that
the driveway be removed and reconstructed to levels that do comply.
Please note, a step between the driveway and the footpath shall be avoided, as it is
preferred to have the footpath continue at a constant grade to minimise the potential for
pedestrians to trip or fall.
16. To ensure pedestrian safety between vehicles exiting the site and pedestrians on the
footpath, the driveway and any associated fencing or vegetation near the driveway shall
comply with the minimum sight line requirements as defined in AS 2890.1, section 3.2.4. The
applicant shall demonstrate compliance by illustrating these sight lines on the plans
submitted for both Operational Works approval and Building Works approval.
17. All vehicles shall enter and leave the site in a forward direction.
Car Parking
18. Carparking shall be provided within the site generally as shown on drawing number 0832/1A
dated 5 August 2009 by Agenti Architects, except as modified herein.
19. A minimum of three carparking spaces shall be provided on site.
20. The carparking area shall be designed to comply with the provisions of AS/NZS 2890.1-2004
for user class 1A with allowance for vehicles to enter and leave the site in a forward gear
and with a minimum head clearance (headroom) at any point of 2.3m.
21. The proposed turning area at the end of the driveway shall be suitably line-marked and sign
posted to indicate that the area is a “Turning Area Only” and that “No Parking is Permitted”.
The type and extent of line-marking and signage shall be clearly shown on any plans
submitted for Operational Works.
22. All carparking shall be kept, maintained and line-marked in a condition fit for use.
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Frontage Works
23. Footpath improvements such as topsoiling, grassing, and tree planting are required to the
Attunga Heights frontage of the site in accordance with Planning Scheme Policy PSP03
Landscaping Plants & Guidelines. Grass shall be couch, free of weeds.
24. A new 1.5m wide concrete path shall be constructed along the Attunga Heights frontage of
the site in accordance with Council’s design standards and to an alignment, which protects
any significant vegetation or any underground services.
Alternatively, in lieu of providing the above path, the applicant shall pay a monetary
contribution of $2,308 (equivalent to the full cost of providing this infrastructure, including
design costs). This amount will be subject to variations in the Consumer Price Index, All
Groups Brisbane from September 2009 until the date of payment. The contribution shall be
paid to Council prior to the commencement of the use.
25. All paths, 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.
26. All redundant vehicular crossings to the site shall be removed and replaced by kerb &
channel, footpath paving and landscaping such as trees and grasses in accordance with
Council’s Standard specifications prior to commencement of the use permitted by this
permit.
Roof Water & Stormwater Drainage
27. Roof runoff from any new dwelling 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,
topping-up swimming pools, 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
and Operational Works approval and any overflow shall be directed to the road frontage or to
the internal stormwater drainage system.
28. 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 Attunga Heights. Plans of the drainage design
shall be prepared by a Registered Professional Civil Engineer and submitted to Council prior
to obtaining a Development Permit for Operational Works.
The maximum discharge of stormwater drainage allowable to Council’s kerb & channel
street drainage system at any one location is 25 litres/second.
29. All site stormwater drainage shall be by means of a gravity system.
Water and Sewer
30. Reticulated water supply and sewerage must be provided to the development.
31. An individual water meter shall be located immediately within the property boundary to each
unit of the duplex. Meters must comply with Sunshine Coast Water standards.
32. A pipeline conduit under Attunga Heights shall be provided in accordance with Sunshine
Coast Water Standard Drawing SCW 355.
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33. Buildings, basements, and other structures must maintain a minimum clearance of 1.0 metre
from the sewer manhole chamber and 1.0 metre from the sewer house connection point.
The existing sewer branch and house connection point must comply with this requirement.
34. All storm water retention systems and gross pollutant traps must maintain a minimum
clearance of 1.5 metres from Council sewerage infrastructure.
35. Any landscape planting within 1.5 metres of Council sewerage infrastructure must be
approved varieties and low growing when mature.
36. Construction works undertaken in the vicinity of Council water supply or sewerage
infrastructure must not adversely affect the integrity of the infrastructure. All costs associated
with repair, replacement or alteration of infrastructure must be met by the applicant.
Earthworks
37. Earthworks required on site shall be carried out in accordance with Council’s Planning
Scheme Policy PSP5 – Engineering Design Standards, so as not to cause the additional
ponding of water on any adjoining lands or the blockage of, or interference with, any natural
watercourses.
38. Earthworks carried out on site shall not affect the structural integrity of any of the existing
fences and/or structures and/or lands that border the development site. Fences that are
affected shall be replaced prior to the Building Certifier issuing the Certificate of
Classification. In this regard any fences to be replaced shall be clearly shown on the plans
submitted for Operational Works approval.
Site Stability
39. A Geotechnical Engineer or similar qualified expert shall assess the soil condition on site,
determine the soil classification, establish whether any measures are required to protect the
stability of adjoining buildings and/or structures and/or land, and make recommendations on
the type of foundation system(s) best suited for the proposed development. The
recommendations of this report shall be incorporated into the design and construction of the
proposed development.
Erosion and Sediment Control
40. Any person acting on this permit shall prevent erosion and sediment export from leaving the
site. Site control measures such as silt fencing, controlled gravel access to the site and
controlled disposal of waste, will be necessary.
In this regard, plans detailing the methods of controlling erosion and sediment are required
to be submitted to the Council for approval prior to obtaining a Development Permit for
Operational Works.
General
41. A suitably qualified Registered Professional Engineer shall prepare engineering drawings
and specifications for all engineering works that will become Council infrastructure, which
shall be submitted in conjunction with an application for a Development Permit for
Operational Works. In this regard a DXF/DWG file on GDA94 zone 56 grid of the proposed
cadastre layout is to be submitted in conjunction with any application for Operational Works.
42. Digital detailed designs including drawings, calculations, specifications etc, shall be
submitted with any application for a Development Permit for Operational Works in respect of
roadworks and stormwater drainage works. The design shall be in accordance with Council’s
Planning Scheme Policy PSP05 – Engineering Design Standards – Roads, Drainage and
Earthworks. To avoid conflict with underground pipes or services, all existing and proposed
services required by the development shall be shown on the plans.
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43. To facilitate production of As Constructed drawings it is suggested that all design drawings
are submitted in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on
the use of ADAC are available at www.adac.com.au).
44. 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.
45. 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.
46. As Constructed drawings and data shall be certified by a qualified experienced Civil
Engineer for design intent, and a Licensed Surveyor shall certify the cadastre and the
location, level and type of all services and structures. All of which shall be submitted to
Council for checking and for Council’s records.
The data must fully detail levels for all engineering works including but not limited to
drainage structures, finished ground levels and pavement surface levels. The data shall be
submitted in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the
use of ADAC are available at www.adac.com.au).
Approval of works shall not be granted until all As Constructed information has been
supplied and accepted by Council.
Contributions Towards Council Infrastructure
47. The applicant must pay contributions towards trunk infrastructure in accordance with the
following Planning Scheme Policies and Council Policies:
(a) Planning Scheme Policy 12 – Public Open Space Contributions;
(b) Planning Scheme Policy 13 – Contributions in Lieu of Off Street Parking;
(c) Planning Scheme Policy 16 – Sewerage Headworks Contributions;
(d) Planning Scheme Policy 17 – Water Supply Headworks Contributions;
(e) Planning Scheme Policy 20 – Pathway Trunk Network Contributions;
(f) Council Policy – Rural Roadworks Contributions;
(g) Council Policy – Master Drainage Contributions.
For material change of use of premises approvals the contributions must be paid prior to the
commencement of use, for reconfiguring a lot approval contributions must be paid prior to
Council approval of the plan of subdivision.
The actual amount of the contribution must be calculated and paid in accordance with the
Planning Scheme Policies and variations due to indexation current at the time of payment.
Waste Management
48. The developer must provide waste storage and disposal facilities in accordance with
Planning Scheme Policy “Waste Management Multi-Dwellings and Commercial and
Industrial Premises”, including an external imperviously paved area correctly sized for all
refuse and recycling containers and suitably screened from public places and neighbouring
properties.
Noise Nuisance
49. Noise emission from mechanical equipment shall comply with the following requirements:
49.1. Air-conditioning and Refrigeration
7am to 10pm: Maximum background + 5dB(A)
10pm to 7am: Maximum background + 3dB(A)
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49.2. Pumps
7am to 7pm: Maximum background + 5dB(A)
7pm to 10pm: Maximum background + 3dB(A)
10pm to 7am: No audible noise.
50. Submission of written certification from a suitably qualified person confirming that the noise
levels from all mechanical equipment comply when measured at either the residential
boundary or outside the most exposed part of an affected building, whichever is the closest
to the equipment.
The assessment and certification is required immediately after installation of the equipment
and prior to any occupation of the building, and in a format approved by Council. All
equipment should be operating at the same time to test the overall noise level created.
Advice: It is highly recommended that the person you engage to certify the installation is
involved at the plan development stage so they can recommend where this equipment is
best located. They can also advise about noise enclosures and can make other suggestions
to avoid noise problems. It is a lot more costly to try and deal with noise problems after
everything is built.
51. Noise from residential building works shall comply with the following –
51.1. Limited to between 7:00am to 6:30pm Monday to Saturday.
51.2. All reasonable measures are taken to minimise noise emissions.
51.3. Not permitted on Sunday or public holidays.
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Not applicable
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
0832/1 A Basement – Agenti Architects 05/08/2009
0832/2 A Level One – Agenti Architects 05/08/2009
0832/3 A Level Two – Agenti Architects 05/08/2009
0832/6 A Roof Layout – Agenti Architects 05/08/2009
0832/7 B Landscaping – Agenti Architects 10/03/2010
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0832/7A B Elevation A, B & Section 1.1– Agenti 10/03/2010
Architects
0832/8 B Elevations (North & West) – Agenti 10/03/2010
Architects
0832/9 B Sections – Agenti Architects 10/03/2010
0832/10 B Elevations (East & South) – Agenti 10/03/2010
Architects
0832/12 A Site Layout Showing Boundary 05/08/2009
Openings – Agenti Architects
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. 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.
2. The development should be undertaken in a manner that causes no detrimental effect upon
the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-
borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other
emissions in accordance with the nuisance provisions of the Environmental Protection
Regulation 1998 or Council’s Local Law No. 12 – Control of Nuisances.
Infrastructure Contributions
3. An advice notice outlining the estimated infrastructure contributions payable and the basis
for their calculation under the current Planning Scheme Policies and Council Policies is
attached with this Development Permit.
4. The applicant is informed that this development permit will trigger an Infrastructure Charge in
accordance with the Coastal Major Road Network Infrastructure Charges Plan for the
estimated amount of $3,036.00 and is subject to variations in the Consumer Price Index, All
Groups Brisbane from March 2009 until the date of payment. An Infrastructure Charge
Notice will be issued in accordance with Chapter 5 of the Integrated Planning Act 1997.
5. Please contact Council's Infrastructure Charges Officer (email:
[email protected]) a minimum of 5 business days prior to payment of the
infrastructure contributions and/or charge notice so a payment advice detailing the amounts
applicable at the time of payment may be issued to accompany the payment.
6. Payment of infrastructure contributions and/or infrastructure charge notices will not be
accepted by credit card transaction
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 (ACH Act).
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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 ACH 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.
10 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Development Permit for Operational Access and/or Carparking;
Works
Site Civil Works;
Stormwater Drainage;
Frontage Works;
Excavation of materials to fill another site;
Landscaping; and
Erosion & Sediment Control
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:
Not applicable.
12 SUBMISSIONS
Not applicable.
13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable.
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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
Please note that an Infrastructure Charge in accordance with the Coastal Major Road Network
Infrastructure Charges Plan has been triggered by the approval of this development application. An
Infrastructure Charge Notice is attached in compliance with Chapter 5 of the Integrated Planning Act
1997.
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,
Denis Wallace
Senior Development Planner
Enc: Infrastructure Contributions Advice Notice
Infrastructure Charge Notice
Approved Plans
Appeal Rights
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Appeal Rights
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
The following is an extract from the Integrated
(6) If an application involves assessment against a
Planning Act (Chapter 4). concurrence agency code, appeal rights for submitters
Division 8 - Appeals to court relating to for the application are not available against the part of
development applications the approval that represents the concurrence agency’s
response for the code.
Appeals by applicants
Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application
may appeal to the court against any of the following- 4.1.29.(1) An advice agency may, within the limits of
its jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development development approval for a development application
application; if-
(b) a matter stated in a development approval, (a) the development application involves impact
including any condition applying to the assessment; and
development, and the identification of a code
under section 3.1.6;1 (b) the advice agency told the applicant and the
assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a application as a submission for an appeal.
development permit was applied for;
(2) The appeal must be started within 20 business
(d) the length of a relevant period; days after the day the decision notice or negotiated
(e) a deemed refusal. decision notice is given to the advice agency as a
(2) An appeal under subsection (1)(a) to (d) must submitter.
be started within 20 business days (the “applicant’s Appeals for matters arising after approval given
appeal period”) after the day the decision notice or (co-respondents)
negotiated decision notice is given to the applicant. 4.1.30.(1) For a development approval given for a
(3) An appeal under subsection (1)(e) may be development application, a person to whom any of the
started at any time after the last day a decision on the following notices have been given may appeal to the
matter should have been made. court against the decision in the notice-
Appeals by submitters (a) a notice giving a decision on a request for
4.1.28.(1) A submitter for a development application extension of the relevant period for an approval;
may appeal to the court about- (b) a notice giving a decision on a request to make a
(a) the giving of a development approval, including minor change to an approval.
any conditions (or lack of conditions) or other (2) The appeal must be started within 20 business
provisions of the approval; or days after the day the notice of the decision is given to
(b) the length of a relevant period for the approval. the person.
(2) The appeal must be started within 20 business (3) Subsection (1)(a) does not apply if the
days (the “submitters appeal period”) after the day approval resulted from a development application
the decision notice or negotiated decision notice is (superseded planning scheme) that was assessed as
given to the submitter. if it were an application under a superseded planning
scheme.
(3) If a person withdraws a submission before the
application is decided, the person may not appeal the (4) Also, a person who has made a request
decision. mentioned in subsection (1) may appeal to the court
against a deemed refusal of the request.
(4) If an application involves both impact
assessment and code assessment, appeal rights for (5) An appeal under subsection (4) may be started
submitters are available only for the part of the at any time after the last day the decision on the
application involving impact assessment. matter should have been made.
(5) If an application is processed under section Division 9 - Appeals to court about other matters
6.1.28(2), appeal rights for submitters for the Appeals for matters arising after approval given
application are available only for the aspects of the (no co-respondents)
development that would have required public
notification under the repealed Act. 4.1.31.(1) A person to whom any of the following
notices have been given may appeal to the court
against the decision in the notice-
a. (a) a notice giving a decision on a request to change
or cancel a condition of a development approval.
1
Section 3.1.6 (Preliminary approval may override
local planning instrument)
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2009/363
(b) a notice under section 6.1.442 giving a decision to (d) the length of a period mentioned in section 3.5.21
change or cancel a condition of a development relevant period;
approval. (e) a deemed refusal.
(2) The appeal must be started within 20 (2) An appeal under subsection (1)(a) to (d) must
business days after the day the notice of the decision be started within 20 business days (the “applicant’s
is given to the person. appeal period”) after the day the decision notice or
(3) Also, a person who has made a request negotiated decision notice is given to the applicant.
mentioned in subsection (1)(a) may appeal to the (3) An appeal under subsection (1)(e) may be
court against a deemed refusal of the request. started at any time after the last day a decision on the
(4) An appeal under subsection (3) may be matter should have been made.
started at any time after the last day the decision on The Registrar for the Building and Development
the matter should have been made. Tribunal may be contacted at the website
Appeals against decisions to change approval http://www.localgovernment.qld.gov.au/
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
For Infrastructure Charges Only
decision made on an application to change the 4.1.36 Appeals about particular infrastructure
conditions attached to an approval given under charges
section 2.19(3)or section 4.4 of the repealed Act may (1) This section applies to a person who has been
appeal to the court against- given, and is dissatisfied with, an infrastructure
(a) the decision; or charges notice or a regulated State infrastructure
(b) a deemed refusal of the application. charges notice.
(2) An appeal under subsection (1)(a) must be (2) The person may appeal to the court against the
started within 20 business days after the day notice of notice.
the decision is to be given to the person. (3) The appeal must be started within 20 business
(3) An appeal under subsection (1)(b) may be days after-
started at any time after the last day a decision on the (a) if the notice is given because of a development
matter should have been made. approval or master plan approval-the day the
Appeals against local laws applicant is given notice of the decision about the
approval; or
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions (b) otherwise-the day the notice is given to the
applied under a local law about the use of premises or person.
the erection of a building or other structure permitted (4) An appeal under this section may only be about-
by the planning scheme may appeal to the court (a) whether a charge in the notice is so
against the decision or the conditions applied. unreasonable that no reasonable relevant local
(2) The appeal must be started within 20 business government, State infrastructure provider or
days after the day notice of the decision is given to the coordinating agency could have imposed it; or
applicant. (b) an error in the calculation of the charge.
For Building Works Only (5) To remove any doubt, it is declared that an
Rights of appeal conferred by Section 4.2.9 of the appeal under this section can not be about the
Integrated Planning Act 1997 as follows: methodology used to establish the charge in the
relevant infrastructure charges schedule or regulated
Division 3 – Appeals to tribunals relating to
State infrastructure charges schedule.
development applications
Appeals by applicants
4.2.9(1) An applicant for a development application
may appeal to the Building and Development Tribunal
against any of the following-
(a) the refusal, or the refusal in part, of a development
application;
(b) a matter stated in a development approval,
including any condition applying to the
development, and the identification of a code
under section 3.1.6;3
(c) the decision to give a preliminary approval when a
development permit was applied for;
a.
2
Section 6.1.44 (Conditions may be changed or
cancelled by assessment manager or concurrence
agency in certain circumstances)
3
Section 3.1.6 (Preliminary approval may override
local planning instrument)
Page 13 of 13
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