Acknowledgement Notice - 010.2010.00000871.001 [As Published] · 132010.871

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4       PUBLIC NOTIFICATION DETAILS

 Is Public Notification Required?                         Yes
 Refer to the Explanatory Note for the Public Notification Stage.
 Please note that Public notification procedures must not commence until the information and
 referral stage has been satisfied.
 Details of adjoining landowners will be provided on request at the time of commencement of
 public notification.

5       REFERRAL AGENCIES
Based on the information accompanying the lodged application, referral is required to the following
IDAS referral agencies. Accordingly, you are required to forward a copy of the application, this
Acknowledgement Notice and any applicable referral agency application fee, to the referral agency
within twenty (20) business days. After complying with the above the applicant must give the
assessment manager written notice of the day the applicant referred the application to each referral
agency.
Schedule 7, Table 2
       Reason for              Relevant        Referral      Referral        Agency Address
        Referral              Regulation        Type         Agency
 Material change of        Sustainable        Advice      DERM           Department of
 use – Land in or          Planning                                      Environment and
 near a                    Regulation 2009                               Resource Management
 conservation              – Schedule 7,                                 Ecoaccess Customer
 estate                    table 2, item 45                              Service Unit
                                                                         PO Box 15155
                                                                         CITY EAST QLD 4002


6       INFORMATION REQUEST
A further information request will be made by the assessment manager.
Regardless of this advice, any concurrence agency for the application may make an information
request.
Notification is also given in accordance with the Sustainable Planning Act 2009 that the information
request period is extended by 10 days.

7       OTHER DETAILS
You can follow the progress of this application online at www.sunshinecoast.qld.gov.au . The “PD
Online” page can be accessed via "Quick Links" on the left hand side of the screen. A disclaimer will
appear, upon clicking “agree”, a search for a development application or property address can be
carried out.

If you have any further queries in relation to the above, please contact Jack Lewis on the above
number.
Yours faithfully




Jack Lewis
Development Planner

Enc:     Public Notification Procedures




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                                                 Explanatory Note - Public Notification Procedures
                                                 SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                                 REGULATION 2009 (PLEASE NOTE THAT THIS IS AN EXPLANATORY
                                                 NOTE ONLY AND SHOULD BE READ IN CONJUNCTION WITH THE
                                                 ABOVE STATED ACTS)

1      INTRODUCTION                                                (2)          If no information requests have been made
                                                                   during the last information request period, the
The purpose of this explanation sheet is to provide                applicant may start the notification period as soon as
guidance to applicants on the public notice procedures             the last information request period ends.
under Chapter 6, Part 4 ‘notification stage’ of the
Sustainable Planning Act 2009 (SPA). The SPA and its               (3)          If an information request has been made
Regulations, sets out the requirements for the giving of           during the information request period, the applicant
public notice. These guidelines quote much of the                  may start the notification period as soon as the
relevant SPA and Regulation material.                              applicant gives-
                                                                   a. all information request responses to all information
If there is doubt about a particular public notice aspect,
                                                                         requests made; and
the applicant should refer to the SPA or have the public
notice procedures undertaken by a consultant who is                b. copies of the responses to the assessment
familiar with the SPA requirements.                                      manager.
Whilst every care has been taken in preparation of this            5          WHAT IS PUBLIC NOTICE
explanation sheet, finally it is the applicant's                   The following is extracted from Section 297 of the
responsibility to ensure that the procedures are                   SPA:
correctly followed. Council cannot accept any                      297 (1) The applicant or, with the applicant’s written
responsibility for incorrect giving of public notice.              agreement, the assessment manager must-
2       PURPOSE OF PUBLIC NOTIFICATION                             (a) publish a notice at least once in a newspaper
                                                                   circulating generally in the locality of the land; and
Section 294 of the SPA indicates as follows:
                                                                   (b) place a notice on the land in the way prescribed
294     The notification stage gives a person -                    under a regulation; and
a. the opportunity to make submissions, including                  (c) give a notice to the owners of all land adjoining the
    objections, that must be taken into account before             land.
    an application is decided; and                                 (2) If the assessment manager carries out notification
b. the opportunity to secure the right to appeal to the            for the applicant, the assessment manager may
    court about the assessment manager’s decision.                 require the applicant to pay a fee, of not more than the
3       OVERVIEW OF PUBLIC NOTIFICATION                            assessment manager’s reasonable costs for carrying
        PROCEDURES (PUBLIC NOTICE)                                 out the notification.
                                                                   (3) For subsection (1)(c), roads, land below high-water
There are three distinct tasks to be undertaken in
                                                                   mark and the beds and banks of rivers are taken not
carrying out the public notice requirements:
                                                                   to be adjoining land.
a. Placement of a notice or notices on the land.                   (4) In this section owner, for land adjoining the land
b. Notification by letter to adjoining owners.                     the subject of the application, means-
c. Placing a notice in a local newspaper.                          (a) if the adjoining land is subject to the Integrated
After the notification period has ended, the applicant             Resort Development Act 1987 or the Sanctuary Cove
must give the assessment manager written notice that               Resort Act 1985—the primary thoroughfare body
the applicant has complied with the requirements of                corporate; or
the public notification (public notice) provisions of the          (b) if the adjoining land is subject to the Mixed Use
SPA.                                                               Development Act 1993—the community body
                                                                   corporate; or
One key aspect to note is that an application can
                                                                   (c) subject to paragraphs (a) and (b), if the adjoining
automatically lapse if the public notification period is
                                                                   land is subject to the Building Units and Group Titles
not commenced within 20 business days of the
                                                                   Act 1980—the body corporate; or
completion of the relevant preceding stage.
                                                                   (d) if the adjoining land is, under the Body Corporate
4       WHEN CAN NOTIFICATION STAGE START                          and Community Management Act 1997, scheme land
Section 296 of the SPA indicates when the notification             for a community titles scheme—
period can start. Where Council is the assessment                  (i) the body corporate for the scheme; or
manager, advice will be forwarded to the applicant,                (ii) if the adjoining land is scheme land for more than
wherever possible, confirming that the notification                1 community titles scheme—the body corporate
period may be commenced.                                           for the community titles scheme that is a principal
                                                                   scheme; or
296 (1) If there are no concurrence agencies and the               (e) if there is a time share scheme, as defined under
assessment     manager      has     stated    in  the              the Local Government Act, for a structure on the
acknowledgment notice that the assessment manager                  adjoining land—the person notified to the local
does not intend to make an information request, the                government concerned as the person responsible for
applicant may start the notification stage as soon as              the administration of the scheme as between the
the acknowledgment notice is given.                                participants in the scheme; or
                                                                   (f) if the adjoining land is land being bought from the
                                                                   State for an estate in fee simple under the Land Act
                                                                   1994—the buyer; or


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(g) if the adjoining land is land granted in trust or            (2)       Each notice given to the owner of adjoining
reserved and set apart and placed under the control of           land must be given at about the same time as the
trustees under the Land Act 1994—the trustees of the             notice is published in the newspaper and placed on
land; or                                                         the land.
(h) if paragraphs (a) to (g) do not apply—the person             (Refer to the approved form of the notice at
for the time being entitled to receive the rent for the          www.dip.qld.gov.au/spa)
land or who would be entitled to receive the rent if the
land were let to a tenant at a rent.
                                                                 (3)       All actions mentioned in subsection (2) must
Please ensure that all public notices that are                   be completed within 5 business days after the first of
published in the newspaper, placed on the land,                  the actions is carried out.
and given to adjoining land owners clearly state                 8       NOTIFICATION PERIOD
that:                                                            Section 298 of the SPA indicates as follows:
(a)       written submissions        may    be   made
          electronically; and                                    298 Notification period for applications
                                                                 (1) The notification period for the application must
(b)       electronic submissions are to be sent to               be at least—
          mailto:[email protected]                   (a) 30 business days starting on the day after the last
                                                                 action
6        NOTICE ON LAND                                          under section 297(1) is carried out, if any of the
(1) The following is an extract from the Sustainable             following apply for the application—
Planning Regulation 2009 and prescribes, for section             (i) there are 3 or more concurrence agencies;
297(1)(b) of the SPA, requirements for the placing of a          (ii) all or part of the development—
notice on land:                                                  (A) is assessable under a planning scheme; and
                                                                 (B) is prescribed under a regulation for this
(2) The notice must be—
(a) placed on, or within 1500mm of, the road frontage            subparagraph;
for the land; and                                                (iii) all or part of the development is the subject of an
(b) mounted at least 300mm above ground level; and               application for a preliminary approval mentioned
(c) positioned so that it is visible from the road; and          in section 242; or
(d) made of weatherproof material; and                           (b) if paragraph (a) does not apply—15 business days
(e) at least 900mm in height and 1200mm in width.                starting on the day after the last action under section
(3) The lettering on the notice must be as stated on             297(1) is carried out.
the approved form of the notice. (Refer to the                   (2) The notification period must not include any
                                                                 business day
approved form of the notice at
www.dip.qld.gov.au/spa)                                          from 20 December in a particular year to 5 January in
                                                                 the
(4) If the land has more than 1 road frontage, a notice
must be placed on each road frontage for the land.               following year, both days inclusive.
(5) The applicant must maintain the notice from the
day it is placed on the land until the end of the                9      COMPLETION OF NOTIFICATION PERIOD
notification period.                                             Section 301 of the SPA indicates as follows:
(6) In this section—
road frontage, for land, means—                                  If the applicant carries out notification, the applicant
(a) the boundary between the land and any road                   must, within 20 business days after the notification
adjoining the land; or                                           period ends, give the assessment manager written
(b) if the only access to the land is across other land—         notice that the applicant has complied with the
the boundary between the other land and any road                 requirements of this division.
adjoining the other land at the point of access.

7      NOTICE IN THE NEWSPAPER & NOTICES
       TO ADJOINING OWNERS
The following is an extract from Section 299 of the
SPA:




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