132005.1133.2 Extension to relevant period - Noosa Springs Precinct F

NOOSA COUNCIL IDAS Development Application Decision Notice                                                          14 of 15




                          ••                        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
       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
                                                                           4.1.31.(1) A person to whom any of the following
    development that would have required public
    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 3.1.8 (Preliminary approval may override local planning
        instrument)



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