Attachment A Orginal approval and master plans

NOOSA COUNCIL IDAS Development Application Decision Notice



                                                   Appeal Rights
                                                    INTEGRATED PLANN/NG ACT 1 997. IDAS DEVELOPMENT APPLICATION


   The following is an extract from the lntegrated                           (6) lf an application involves assessment against
   Plalling Acf (Chapter 4).                                              a concurrence agency code, appeal rights for
                        - Appeals to court relating to                    submitters for the application are not available
    Division I                                                            against the part of the approval that represents the
   d eve I o p m e n t a p p I i cati o n s
                                                                          concurrence agency's response for the code.
   Appeals by applicants                                                  Appeals by advice agency submitters
   4.1.27.(11 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 Jhe 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.(11A 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
      (2) The appeal must be started within 20 business                   approval resulted from a development application
                                                                          (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                   scneme.
   given to the submitter.
                                                                             (4) Also, a person who has made a request
      (3) lf a person withdraws a submission before the
                                                                          mentioned in subsection (1) may appeal to the courl
   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) lf 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) lf 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-
    1
        Section 3.1.6 (Preliminary approvat may override local planning   (a) a notice giving a decision on a request to change
        instrument)                                                           or cancel a condition of a development approval.


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