Decision Notice - 132000 200154 · 132000.200154

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                NOOSA COUNCIL IDAS Development Application Decision Notice                                                          2




                                                         Noosa Council Conditions
                                                         INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


                Building

                1.       The plans submitted for a Development Permit for building works are to comply with the approved plans.

                2.       Construction work and other associated activities are permitted only during the hours of 7.00am to 6.00pm
                         Monday to Saturday., except on any public holiday when no work is permitted. The Manager of Building
                         Services may vary these hours upon application and with sufficient cause demonstrated.

                Town Planning

                3.       Development undertaken in accordance with this approval must generally comply with the approved plans
                         of development and as may be amended by these conditions.

                4.       Extensive planting using native species, is to be provided between the proposed garage and the boundary
                         to screen the building from the adjoining property.

                5.       Existing trees on the site are to be retained, except where required to be removed due to building
                         operations or the conduct of the approved use.

                6.       This Development Permit for a material change of use of premises lapses if:-

                         6.1       The use or erection of a building or other structure associated with the use, has not bee n
                                   commenced within four (4) years of the date of issue of the Development Permit, unless application
                                   is made and approved by Council for an extension; or

                         6.2       The use of any premises pursuant to the Development Permit ceases.

                7.       Prior to the commencement of development, the developer must obtain a Development Permit for building
                         works.




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                NOOSA COUNCIL IDAS Development Application Decision Notice                                                                     3




                                                           Appeal Rights
                                                           INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
                The following is an extract from the Integrated                     Appeals by advice agency submitters
                Planning Act (Chapter 4).                                           4.1.29.(1) An advice agency may, within the limits of
                Division 8 - Appeals to court relating to                           its jurisdiction, appeal to the court about the giving
                development applications                                            of a development approval for a development
                                                                                    application if-
                Appeals by applicants
                                                                                    (a) the development application involves impact
                4.1.27.(1) An applicant for a development                               assessment; and
                application may appeal to the court against any of
                the following-                                                      (b) the advice agency told the applicant and the
                                                                                        assessment manager to treat its response to the
                (a) the refusal, or the refusal in part, of a                           application as a submission for an appeal.
                    development application;
                                                                                       (2) The appeal must be started within 20
                (b) a matter stated in a development approval,                      business days after the day the decision notice or
                    including any condition applying to the                         negotiated decision notice is given to the advice
                    development, and the identification of a code                   agency as a submitter.
                    under section 3.1.6;1
                                                                                    Appeals for matters arising after approval given
                (c) the decision to give a preliminary approval when                (co-respondents)
                    a development permit was applied for;
                                                                                    4.1.30.(1) For a development approval given for a
                (d) the length of a currency period;                                development application, a person to whom any of
                (e) a deemed refusal.                                               the following notices have been given may appeal to
                                                                                    the court against the decision in the notice-
                    (2) An appeal under subsection (1)(a) to (d)
                must be started within 20 business days (the                        (a) a notice giving a decision on a request for
                “applicant’s appeal period”) after the day the                          extension of the currency period for an approval;
                decision notice or negotiated decision notice is                    (b) a notice giving a decision on a request to make
                given to the applicant.                                                 a minor change to an approval.
                    (3) An appeal under subsection (1)(e) may be                       (2) The appeal must be started within 20
                started at any time after the last day a decision on                business days after the day the notice of the
                the matter should have been made.                                   decision is given to the person.
                Appeals by submitters                                                  (3) Subsection (1)(a) does not apply if the
                4.1.28.(1) A submitter for a development application                approval resulted from a development application
                may appeal to the court about-                                      (superseded planning scheme) that was assessed
                                                                                    as if it were an application under a superseded
                (a) the giving of a development approval, including
                                                                                    planning scheme.
                    any conditions (or lack of conditions) or other
                    provisions of the approval; or                                  Division 9 - Appeals to court about other matters
                (b) the length of a currency period for the approval.               Appeals for matters arising after approval given
                                                                                    (no co-respondents)
                    (2) The appeal must be started within 20
                business days (the “submitters appeal period”)                      4.1.31.(1) A person to whom any of the following
                after the day the decision notice or negotiated                     notices have been given may appeal to the court
                decision notice is given to the submitter.                          against the decision in the notice-
                   (3) If a person withdraws a submission before                    (a) a notice giving a decision on a request to
                the application is decided, the person may not                          change or cancel a condition of a development
                appeal the decision.                                                    approval.
                   (4) If an application involves both impact                       (b) a notice under section 6.1.442 giving a decision
                assessment and code assessment, appeal rights for                       to change or cancel a condition of a
                submitters are available only for the part of the                       development approval.
                application involving impact assessment.                               (2) The appeal must be started within 20
                                                                                    business days after the day the notice of the
                                                                                    decision is given to the person.

                                                                                    2   Section 6.1.44 (Conditions may be changed or cancelled by
                1 Section 3.1.6 (Preliminary approval may override local planning
                                                                                        assessment manager or concurrence agency in certain
                  instrument)                                                           circumstances)
                    (2)




                SEP o:\database\onestop\decision.doc

Document Set ID: 22765903
Version: 1, Version Date: 15/01/2024