Decision Notice - 010.2005.00001508.001 [As Published] · 132005.1508

Page 2

NOOSA COUNCIL IDAS Development Application Decision Notice                                                      2 of 5

9.     FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required                 Subject of the required Development Permit
 Nil

10.    REASONS FOR REFUSAL

       1.     The proposed development will impact on the amenity of the neighbourhood from the noise and
              dust created by increased traffic generation.
       2.     The scale of the proposed development will create traffic impacts, which are not normally expected
              in quiet rural setting.
       3.     The proposed development is inconsistent with the required hours of operation detailed in the
              Schedule to the Planning Scheme, which may cause further adverse impacts upon neighbouring
              residents.
       4.     Submissions were received opposing the development that raise valid planning grounds relating to
              traffic including noise and dust impacts on the amenity of the surrounding area.
       5.     The development is inconsistent with The Noosa Plan Specific Outcomes 32, 33, 37 & 38 of the
              Business Uses Code, and should not be supported.

11.    RIGHTS OF APPEAL

Rights of appeal in relation to this application are attached.

12.    ASSESSMENT MANAGER

 Name:      Noosa Council                 Signature:                               Date:         16 July 2007




AOP2 c:\docume~1\aop2\locals~1\temp\bcl technologies\easypdf 5\@bcl@8c052080\@[email protected]

Page 3

                                List of Submitters
                                INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION




Name                               Address 1             Address 2
Freda Bull               156 Blanckensee Road      COOROY QLD 4563
Bob Bull                 156 Blanckensee Road      COOROY QLD 4563
DR Blaik                 PO Box 637                COOROY QLD 4563
Paul Ingamells           139 Blanckensee Road      COOROY QLD 4563
Gary Dolton              PO Box 900                TEWANTIN QLD 4565
Paul & Vicki Frederiks   40 Blanckensee Road       BLACK MOUNTAIN QLD
                                                   4563
Ian Betts                PO Box 413                COOROY QLD 4563
Ray Johnson              PO Box 203                COOROY QLD 4563

Page 4

NOOSA COUNCIL IDAS Development Application Decision Notice                                                           4 of 5



                                                    Appeal Rights
                                                    INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

   The following is an extract from the Integrated                           (6) If an application involves assessment against
   Planning Act (Chapter 4).                                              a concurrence agency code, appeal rights for
                                                                          submitters for the application are not available
   Division 8 - Appeals to                   court      relating     to   against the part of the approval that represents the
   development applications                                               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                  4.1.29.(1) An advice agency may, within the limits of
   may appeal to the court against any of the following-                  its jurisdiction, appeal to the court about the giving of
   (a) the refusal, or the refusal                 in   part,   of   a    a development approval for a development
       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                      (b) the advice agency told the applicant and the
                            1
       under section 3.1.6;                                                   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 currency period;                                   days after the day the decision notice or negotiated
                                                                          decision notice is given to the advice agency as a
   (e) a deemed refusal.                                                  submitter.
      (2) An appeal under subsection (1)(a) to (d) must                   Appeals for matters arising after approval given
   be started within 20 business days (the “applicant’s                   (co-respondents)
   appeal period”) after the day the decision notice or
   negotiated decision notice is given to the applicant.                  4.1.30.(1) For a development approval given for a
                                                                          development application, a person to whom any of
       (3) An appeal under subsection (1)(e) may be                       the following notices have been given may appeal to
   started at any time after the last day a decision on the               the court against the decision in the notice-
   matter should have been made.
                                                                          (a) a notice giving a decision on a request for
   Appeals by submitters                                                      extension of the currency period for an approval;
   4.1.28.(1) A submitter for a development application                   (b) a notice giving a decision on a request to make a
   may appeal to the court about-                                             minor change to an approval.
   (a) the giving of a development approval, including                        (2) The appeal must be started within 20 business
       any conditions (or lack of conditions) or other                    days after the day the notice of the decision is given
       provisions of the approval; or                                     to the person.
   (b) the length of a currency period for the approval.                        (3) Subsection (1)(a) does not apply if the
                                                                          approval resulted from a development application
       (2) The appeal must be started within 20 business                  (superseded planning scheme) that was assessed as
   days (the “submitters appeal period”) after the day                    if it were an application under a superseded planning
   the decision notice or negotiated decision notice is                   scheme.
   given to the submitter.
                                                                             (4) Also, a person who has made a request
      (3) If a person withdraws a submission before the                   mentioned in subsection (1) may appeal to the court
   application is decided, the person may not appeal the                  against a deemed refusal of the request.
   decision.
                                                                              (5) An appeal under subsection (4) may be
      (4) If an application involves both impact                          started at any time after the last day the decision on
   assessment and code assessment, appeal rights for                      the matter should have been made.
   submitters are available only for the part of the
   application involving impact assessment.                               Division 9 - Appeals to court about other matters
       (5) If an application is processed under section                   Appeals for matters arising after approval given
   6.1.28(2), appeal rights for submitters for the                        (no co-respondents)
   application are available only for the aspects of the
   development that would have required public                            4.1.31.(1) A person to whom any of the following
   notification under the repealed Act.                                   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.
   1
        Section 3.1.6 (Preliminary approval may override local planning
       instrument)



AOP2 c:\docume~1\aop2\locals~1\temp\bcl technologies\easypdf 5\@bcl@8c052080\@[email protected]

Page 5

NOOSA COUNCIL IDAS Development Application Decision Notice                                       5 of 5

                                      2
(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.
   (3) Also, a person who has made a request
mentioned in subsection (1)(a) may appeal to the
court against a deemed refusal of the request.
    (4) An appeal under subsection (3) may be
started at any time after the last day the decision on
the matter should have been made.
Appeals against decisions to change approval
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
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 cancelled by
    assessment manager or concurrence agency in certain
    circumstances)




AOP2 c:\docume~1\aop2\locals~1\temp\bcl technologies\easypdf 5\@bcl@8c052080\@[email protected]