SUPERSEDED 131999.982996.1 (18247 DA) - Negotiated Decision Notice

NOOSA COUNCIL IDAS Development Application Decision Notice

 

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eA = Appeal Rights

 

INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

 

 

 

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‘om’ the’ Jnfegrated.

 

 

 

 

 

ning Act (Chapter 4).

 

 

Division 8 - Appeals to court relating to
development applications

Appeals by applicants

4.1.27.1) An applicant for a development
application may appeal to the court against any of
the following-

{a) the refusai, 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;

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

(d) the fength of a currency period;

(e) a deemed refusal.

(2) An appeal under subsection (1)(a) to (d)
must be started within 20 business days (the
“applicant’s appeal period”) after the day the
decision notice or negotiated decision notice is
given to the applicant.

(3) An appeal under subsection (1)(e) may be
started-at-any-time-after-the-last-day-a-decision-on

Appeals by advice agency submitters

4.1.29.(1) An advice agency may, within the limits

of its jurisdiction, appeal to the court about the

giving of a development approval for a development

application if-

(a) the development application involves impact
assessment; and

({b) the advice agency told the applicant and the
assessment manager to treat its response to the
application as a submission for an appeal.

(2) 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.

Appeals for matters arising after approval given
(co-respondents)

4.1.30.(1) For a development approval given for a
development application, 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 notice giving a decision on a request for
extension of the currency period for an approval;

(b) a notice giving a decision on a request to make
a minor change to an approval.

(2) The appeal must be started within 20

 

the matter should have been made.
Appeals by submitters

4.1.28.(1) A submitter for a development application
may appeal to the court about-

(a) the giving of a development approval, including
any conditions (or lack of conditions) or other
provisions of the approval; or

(b) the length of a currency period for the approval.

(2) The appeal must be started within 20
business days (the “submitters appeal period”)
after the day the decision notice or negotiated
decision notice is given to the submitter.

(3) If a person withdraws a submission before
the application is decided, the person may not
appeal the decision.

{4) If an application involves both impact
assessment and code assessment, appeal rights
for submitters are available only for the part of the
application involving impact assessment.

1 Section 3.1.6 (Preliminary approval may override toca! planning
instrument}

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business days after the day the notice of the
decision is given to the person.

(3) Subsection (1)(a) does not apply if the
approval resulted from a development application
(superseded planning scheme) that was assessed
as if it were an application under a superseded
planning scheme.

Division 9 - Appeals to court about other
matters

Appeals for matters arising after approval given
(no co-respondents)

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 notice giving a decision on a request to
change or cancel a condition of a development
approval.

(b) a notice under section 6.1.44? giving a decision
to change or cancel a condition of a
development approval.

(2) The appeal must be started within 20
business days after the day the notice of the
decision is given to the person.

2 Section 6.1.44 (Conditions may be changed or cancelted by
assessment manager or concurrence agency in certain
circumstances)