Existing Approval Documents

Noosa Council documents




               NOOSA COUNCIL IDAS Development Application Decision Notice                                                                     2




                                                          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)
                   (3)




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                                                                                                                         Print Date: 28 February 2024, 10:53 AM