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


  i                                                                             (6) lf an application involves assessment against
  i2
       etanning Acf (Chapter           4).                              i   a concurrence agency code, appeal rights for
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       d eve I o p m e nt a p p I i c ati o n s
                                                                            submitters for the application are not available
                                                                            against the parl of 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
                                                                            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 paft, 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;1
                                                                                 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 (1Xa) to (d) must                   Appeals for matters arising after approval given
       be started within 20 business days (the "applicant's                  (co-respondents)
       appeal period") afier 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 (lXa) 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                 scheme.
        given to the submitter.
                                                                                 (4) Also, a person who has made a request
           (3) lf a person withdraws a submission before ihe
                                                                             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) 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 approval may override local ptanning     (a) a notice giving a decision on a request to change
          instrument)                                                             or cancel a condition of a development approval.


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