SomersetREGIONAL COUNCIL

Officer: Robert Gardiner- Town Planner

Telephone: (07) 5424 400

Our Reference: DA14355, Assessment No: 02701-50000-000

Date: 15 October 2015

Alpha Storage ShedsC/- Adamsand SparkesTown Planning and DevelopmentPO Box 1000Buddina Qld 4575

Notice of DecisionRequest for PermissibleChange for a

DevelopmentApprovalSection 369 of the

Sustainable Planning Act 2009

Details of developmentapproval forwhich change is requested

Type of approval- Development Permit for a Request to Change Development Approval -Permissible Changeunder Section 369 of the Sustainable Planning Act 2009

Reference number of developmentapproval - DA14355

Property description: Lot 4 on SP116977, situated at Lowood - Minden Road, Lowood

Date the original development applicationwas decided -The following Material Change of Use approval has been issued over the subject land:

? 1 December 2014 - Decision Notice for a Development Permit for Material Changeof Use

for low impact industry (self storage sheds)

Details of request for changeDate request for changewas made- 28 August 2015

Description of requested changes-REQUEST

The applicant has made representations involving a change to the approved development andseeks Council'sacceptanceof the proposed changes as a 'permissiblechange' for adevelopment approval under section 369 of the SustainableÞ/anningAct2009 and in accordancewith the material contained in the development applicationand supporting documentation.

ABN 501 389 582 49CouncilChambers- 2 Redbank Street, Esk QLD 4312

Address all correspondenceto - ChiefExecutiveOfficer,SomersetRegional Council,PO Box 117, Esk QLD 4312P 0754244000 F 0754244099 E mail@somerset.qld.gov.auW www.somerset.qld.gov.au

REQUESTEDCHANGEThe applicant has requested that the approval be changed so that there will be a total of 63 storageunits provided as a staged development. The additional units will be provided within the footprint ofthe approved buildings, but have been achieved by providing 12 much smaller units in the samearea occupied by four larger ones (proposed units 13-14 replacingapproved unit 13, proposed units15-16 replacing approved unit 14, proposed units 17-22 replacing approved unit 15 and proposedunits 23 and 24 replacing approved unit 16).

They have requested that Condition 1.1 be amended to reflect the proposed plan, and that theinfrastructure charges advice in Schedule 4 be amended to reflect the staged timing.

PLANNING COMMENTSIn accordance with the Sustainable Planning Act 2009 (SPA) the proposed changes are deemed tobe permissible changes under s 367 as they would not:

- Result in a substantiallydifferent application;or- If the application for the approval were remade including the change

o Require referral to additional concurrenceagencies; oro Be likely to cause a person to make a properly made submission objecting to the

proposed change, if the circumstances allowed; or

- Cause development to which the approval relates to include any prohibited development.

In this instance, the requested change is not considered to alter the approved development in anyway which would result in non-compliance with the former Esk Shire's Planning Scheme 2005 (asamended) or the South East QueenslandRegional Plan 2009-2031, as the visual bulk and scale ofthe buildings will remain the same and Council's design and development engineer advises that thelikely additional traffic impacts will be minimal.

RESOLUTION FOR DA14355

Decision: Moved - Cr Hall Seconded - Cr Bechly

"THAT Council approve the Request to Change a DevelopmentApproval under section 369 of the SustainablePlanning Act 2009 forDA14355 over land described as Lot 4 on SP116977 and situatedalong Lowood-MindenRoad subject to the conditions contained in thefollowing Schedules and Attachments:

SCHEDULESSCHEDULE 1

- GENERAL CONDITIONSAssessment ManagerNo. Condition Timing1.1 Carry out the development in accordance with the material At all times.

contained in the development application, supportingdocumentation and the plan(s) listed below, except whereamended by these conditions of approval.

? Drawing No. 1231-02A, dated 10.05.11 and drawn byLockyer Drafting Designs;

? Drawing No. 1231ST-01A, dated 12.08.15 and drawnby Lockyer Drafting Designs; and

? Drawing No. 1231-04B, dated 23.10.14 and drawn byLockyer Drafting Designs;

1.2 Comply with relevant provisions of the former Esk Shire's At all times.Planning Scheme 2005 (as amended), Planning SchemePolicies and Local Laws.

1.3 A legible copy of this development approval package is to be At all times duringavailable on the premises at all times during construction. the construction

phase.

1.4 Pay to Council any outstanding charges or expenses levied Prior toby Council over the subject land. commencement of

Stage 1 of the use.

1.5 Customers must only access the site between: At all times.

- 7am and 6pm Monday to Saturday; and- 8am and Spm on Sundays.

No access outside of these hours is permitted.

1.6 To achieve effective screening, all approved landscaping Within six months ofareas are to be densely planted with species which exhibit the date of thisbushy, vigorous growth and which will achieve a range of approval takingheights, with the taller species achieving a minimum height of effect.3m.

1.7 The landscaping referred to in condition 1.6 must use a Prior tominimum of 75% mature (established) plants, the remainder commencementofmay be seedlings or tubestock. . Stage 1 of the use.

1.8 The landscaping referred to in condition 1.6 is to be At all times.maintained indefinitely, and any plant which dies must bereplaced immediately with a specimenof equivalentmaturity.

1.9 To ensure the continued viability of the landscaping referred Within six monthsofto in condition 1.6 as a visual screen, an irrigation system the date of thismust be installed to provide a continuous and adequate approval takingwater supply. effect.

1.10 Submit landscaping plans for approval which reflect the Prior torequirements of conditions 1.6 and 1.9, and which commencementofdemonstrates compliance with the requirements of Planning Stage 1 of the use.Scheme Policy 2

- Landscaping.

1.11 No substance or material which may cause environmental At all times.harm or nuisance is to be stored in any of the storage units.

SCHE DULE 2- ENGINEERING

Asseesment Manager2.1 All works are to be designed and constructed in accordance As part of

with the requirements of the Somerset Regional Council OperationalWorks.Development Manual and Standard Drawings.

2.2 i Bear the costs of works carried out to Council and utility Prior toservices infrastructure and assets, including any alterations commencementofand repairs resulting from compliance with these conditions. each stage of the

use.

VEHICLEACCESS2.3 All vehicular access for shall provide convenient and safe Prior to

access and egress from the site in accordancewith Somerset commencementofRegional Council Development Manual and Standard Stage 1 of the use.Drawings.

2.4 The landowner is responsible for construction and At all times.maintenance of vehicular access for the property, from theroad carriageway to property boundary in accordance withCouncil's Policy and Standards. Approval is to be soughtfrom Council and the landowner must advise all potentialpurchasersaccordingly.

2.5 All vehicles shall enterand leave the site in a forward gear. At all times.

CAR PARKING2.6 Provide on-site car parking in general accordance with Prior to

drawing 1231ST-01 revision A, dated 12.08.15. commencementofStage 1 of the use.

All car parking and circulation areas are to be provided withsealed surface, line marking, or be otherwise designed inaccordance with AS2890 and Somerset Regional CouncilDevelopment Manual. Further, all surfaces must achieveminimum longitudinal gradients and minimum crossfall inaccordance with AS2890.

2.7 Construct and maintain the driveway, vehicle manoeuvring Prior toand parking areas of hard standing material such as commencementofconcrete, bitumen or asphalt in accordance with Australian each stage of theStandards. use, and at all times

thereafter.

REFUSESTORAGEAREA2.8 The bin storage area depicted on drawing 1231ST-01 Prior to

revision A, dated 12.08.15 must be screened from public view commencementofwith a solid fence or wall. Stage 1 of the use.

OUTDOORLIGHTING2.9 Outdoor Lighting must be provided to the following areas of Prior to

the site: commencementofeach stage of the

? The entries and exits of the approved building; use.? The pathways between the parking areas and the

entrances/exitsof the buildings; and? Throughoutcar parking areas.

2.10 The outdoor lighting of the development must mitigate Prior toadverse lighting and illumination impacts by: commencementof

each stage of the? Not causing nuisance by way of light spill or glare at use.

adjacent properties and roadways;? Providing graduated intensity lighting with lower level

brightness at the perimeter of the subject land andhigher intensities at the centre of the subject land;

? Directing lighting onto the subject land and away fromneighbouring properties;

? Using shrouding devices to preclude light overspillonto surroundingproperties where necessary; and

? Not operating lighting that uses sodium lights or flareplumes.

EASEMENTS2.11 Provide an easement over stormwater drainage located Prior to

within Lot 14 on SP116977 as depicted on Drawing No. 2903- commencementof2, drawn by ConstructionHydraulic and dated 30.07.14. The Stage 1 of the use.easement width is to be in accordance with QueenslandUrban Drainage Manual (QUDM).

The easement is to be dedicated at no cost to Council, and alleasement documentation shall be prepared by the proponentin a form satisfactory to Council'sSolicitor.

Note: Easements required for the discharge of stormwaterover adjacent properties must be agreed to in writing by theowner of the property

STORMWATER2.12 Stormwater Drainage shall be constructed in general Prior to

accordance with Drawings 2903-1 and 2903-2 prepared by commencementofConstructionHydraulicand dated 30.07.14. each stage of theuse.

2.13 Design and construction of all stormwater drainage works At all times.must comply with the relevant section/s of the QueenslandUrban Drainage Manual (QUDM), Council Planning SchemePolicy No 6 - Standards for Treatment of StormwaterDrainage, and the Somerset Regional Council DevelopmentManual.

2.14 Stormwater Drainage and flows are to have a no worsening At all times.effecton adjoining,upstream, or downstream landholders.

EROSIONAND SEDIMENTCONTROL2.15 Erosion and sedimentation controls shall be implemented, as At all times.

necessary, and shall be maintained to Council's satisfactionat all times during the course of the project. Should Councildetermine that proposed controls are ineffective or adownstream drainage system has become silted, thedeveloperwill:

? Be required to install additional measures.? Be responsible for the restoration work.

Should the developer fail to complete the works determinedby Council within the specified time, the Council will completethe work and recover all costs from the developer associatedwith the work.

2.16 Where vegetation is removed, the vegetation waste shall be At all times.disposed of by:

i) Milling;ii) Chipping and/or mulchingiii) Disposal at an approved waste disposal facility.

No incineration of vegetationor waste will be permitted at thesite. Waste other than vegetation waste, generated as aresult of the operations shall be disposed of to an approveddisposal facility.

SCHEDULE 3- Environmental

AsseEsmentManager3.1 All buildings, structures, fittings, fixtures and grounds forming At all times

part of this development approval must be maintained-? In a serviceablecondition; and? In a state of good repair and efficient action; and? In a clean, sanitary condition; and? Free of accumulated disused materials; and? Free of vermin and pest infestations.

3.2 All solid, semi-solid and liquid waste generated from the Prior toconstruction and occupation of this approved development commencementofmust be collected and disposed of by Council's contractor or each stage of theother Council approved waste collector unless otherwise use.approved by Council.

3.3 All construction/demolition or other waste is to be removed Prior tofrom the site and deposited at an approved waste disposal commencementoffacility in a manner acceptable to Somerset Regional Council each stage of theunless otherwise authorised by Council. use.

3.4 The holder of this development approval must not: At all times.

I ? Burn or bury waste generated in association with thisdevelopment approval at or on the development site;nor

? Allow waste generated in association with thisdevelopment approval to burn or be burnt or buried ator on the development site; nor

| ? Stockpileany waste on the development site.

3.5 The holder of this development approval must not: At all times.

? Release stormwater runoff into a roadside gutter/swale, stormwater drain or water that results in abuild-up of sand, silt or mud in the gutter, drain orwater; or

? Deposit sand, silt or mud in a roadside gutter,stormwaterdrain or water; or in a place where it couldreasonably be expected to move or be washed into aroadside gutter/swale, stormwater drain or water andresult in a build-up of sand, silt or mud in the gutter,drain or water.

SCHEDULE4 -lNFRASTRUCTURECHARGESTransportNetworkSomerset RegionalCouncil

InfrastructureCharges Notice (ICN)attached to Decision Notice4.1 Somerset Regional Council has imposed the following infrastructure Charges for the

Transport Network for DA14355 for a Material Change of Use for a low impactindustry (self storage sheds) on land described as Lot 4 on SP446977 and situatedalong Lowood Minden Road, Lowood.

Amount: Stage 1 - $4,972.50Stage 2 - $4,860

Subject land: Lot 4 on SP116977Lowood Minden Road, Lowood

Relevant Trunk Infrastructure Network: SomersetTransport NetworkApplicable Planning Scheme: Former Esk Shire's Planning Scheme 2005

(as amended)Payable to: Somerset Regional CouncilWhen the charge is payable: When the change for each stage happens.Charge rate stated for industry:

Transport Network = $15 per m2of GFA Transport Network:Stage 1

- 620.6m2 x 15 = $9,309Stage 2 - 324.0m2x 15 = $4,860

Total - 944.6m2x 15 = $14,169

Number of units of demand for which a credit Transport Network:has been given: 289.1m2 x 15 = $4,336.50for Stage 1 only

AdviceThis approval has effect in accordance with the provisions of Division 5 Section 339 of theSustainable Planning Act 2009. [A copy of Section 339 will be enclosed with the DecisionNotice[

Relevant Period - Pursuant to Section 341 of the 'Act' the approval will lapse if the firstchange of the use under the approval does not start within the 'relevant period' - four (4)years starting the day the approval takes effect.

The SustainablePlanningAct 2009 (SPA) states that any change to the use or the scale orintensity of the approved use requires the submission of a new development applicationandsubsequentdevelopmentapproval.

Separate development approval is required for any building work and plumbing/drainagework necessitated by the conditions contained in this approval.

Construction hours are 6:30 am to 6:30 pm Monday to Saturday, with no work to beundertaken on Sundays or public holidays. Work or business which causes audible noiseshall not be conducted from or on the site outside the above hours.

Dust pollution arising from the construction and maintenanceof the works required by thisapproval are the applicant's responsibility. The applicant must comply with any lawfulinstruction from Council's Managerof Operations if in his opinion a dust nuisanceexists.

Pursuant to Division 8 Section 461 of the SustainablePlanning Act 2009, the Applicant hasthe Right of Appeal to the Planning and Environment Court regarding any condition of thisapproval; another matter stated in the development approval and the identification orinclusion of a code under section 242 of the 'Act'. [A copy of the Right of Appeal will beenclosed with the Decision Notice)."

Carried

ATTACHMENTS:1. Proposed site plan: Drawing No. 1231ST-01A, dated 12.08.15 and drawn by Lockyer

Drafting Designs2. Approved site plan: Drawing No. 1231-03E, dated 23.10.14 and drawn by Lockyer Drafting

Designs3. Approved elevations: Drawing No. 1231-04B, dated 23.10.14 and drawn by Lockyer

Drafting Designs

Appeai rightsIf the responsible entity for deciding this request is the assessmentmanager or a concurrence

agency, the person who made the requestto change the development approval may appeal againstthe decision in this notice to the Planning and Environment Court, by lodging a written notice ofappeal with the registrar of the Court.

For more information about your appeal rights and how to commencean appeal, see the

SustainablePlanning Act 2009, chapter 7, parts 1 and 2.

Yours sincerely

Robert aihief E ec tive Officer

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SomersetREGIONAL COUNCIL

AMENDED INFRASTRUCTURE CHARGES NOTICE(Section 635 of the Sustainable Planning Act 2009)

APPLICANT: Alpha Storage ShedsC/- Adams + Sparks Town Planning +DevelopmentPO Box 1000Buddina Qld 4575

APPLICATION: Material Change of Use for low impact industry(selfstorage sheds)

Notice Number: 80B

DATE: 15 October 2015

FILE REFERENCE: DA14355

AMOUNTOF THE LEVIED CHARGE: $9,832.50 - Total(Detailsofhow these charges $4,972.50- Stage 1

were calculated are shown overleaf) $4,860.00 - Stage 2

$9,832.50 - TransportNetworkTotal

$4,972.50 - TransportNetworkStage 1

$4,860.00 - TransportNetworkStage 2

AUTOMATIC INCREASEOF LEVIED CHARGE: The amount of the levied charge is subject to anautomatic increase. Refer to the GeneralInformation attached to this notice for moreinformationon how the increase is worked out.

LAND TO WHICH CHARGE APPLIES: Lot 4 on SP116977

SITE ADDRESS: Lowood Minden Road, Lowood

PAYABLE TO: Somerset Regional Council

WHEN PAYABLE: Material Change of Use - When the change(In accordancewith the timingstated happens.in Section 638 of the SustainablePlanningAct 2009)

OFFSETS OR REFUNDS: Not Applicable.

This charge is made in accordancewith Council's Charges ResolutionJune 2015.

ABN 501 389 582 49CouncilChambers - 2 Redbank Street, Esk QLD 4312

Address all correspondenceto - ChiefExecutiveOfficer,Somerset RegionalCouncil,PO Box 117, Esk QLD 4312P 0754244000 F 0754244099 E mail@somerset.qld.gov.auW www.somerset.qld.gov.au

DETAILS OF CALCULATION

TransportAdoptedChargesDevelopment Numberof Units of Charge Rate Reference AmountDescnption Units MeasureStage 1

- 620.6 m of GFA $15.00 CR Table 2 $9,309.00IndustryStage 2 - 324.0 m2 of GFA $15.00 CR Table 2 $4,860.00Industry

Discounts*

DescriptionNuUm er of

Me u eDiscount Rate Reference Amount

Existing lawful 289.1 m' of GFA $15.00 CR Table 2 $4,336.50use - Stage 1

only - Industry

Levied Charges

Public Parks &

D nntTransport Community Stormwater Total

LandStage 1 $4,972.50 $0 $0 $4,972.50Stage 2 $4,860.00 $0 $0 $4,860.00Total $9,832.50 | $0 | $0 $9,832.50

* In accordance with Section 3.3 of the Charges Resolution, the discountmay not exceed the adoptedcharge. Where there are any surplus discounts, these will not be refunded, except at Council'sdiscretion through entering an infrastructureagreement, where the surplus discountsmay be attachedto the land.

Yours f thf ly,

Ro art ainH F XEC TIVE OFFICER

INFORMATION NOTICE

Authority and Reasons This Infrastructure Charges Notice has been given in

for Charge accordance with section 635 of the SustainablePlanningAct 2009 to support the Local government's long-terminfrastructure planning and financial sustainability.

Appeals Pursuantto section 478 of the SustainablePlanning Act2009 a person may appeal an Infrastructure ChargesNotice. Attached is an extract from the SustainablePlanning Act 2009 that details your appeal rights.

Automatic increase An infrastructure charge levied by Council is to beProvisionof charge increased by the difference between the Producer Pricerate ($) Index (PPI) applicable at the time the infrastructure

charge was levied, and PPI Index applicable at the time ofpayment of the levied charge , adjusted by reference tothe 3-yearly PPI Index averaget If the levied charge isincreased using the method described above, the chargepayable is the amount equal to the sum of the charge aslevied and the amountof the increase.

However, the sum of the charge as levied and the amountof the increase is not to exceed the maximum adoptedcharge the Council could have levied for the developmentat the time the charge is paid.

GST The Federal Governmenthas determined thatcontributionsmade by developers to Government forinfrastructureand services under the SustainablePlanningAct 2009 are GST exempt.

To whom the charge Payment of the Charge must be made payable to

must be paid SOMERSET REGIONALCOUNCILvia Customer Serviceor Planning and Development Department, PO Box 117Esk Old 4312.

The Infrastructure Charge has been calculated in

accordance with the chargesstated in Council's ChargesResolution. This notice will be escalated to time ofpayment to the extent permitted under legislation in forceat that time.

It is requested that you contact Council'sPlanning

13-yearly PPI index average is defined in section 631 of the SustainablePlanningAct 2009 and means the PPI index

smoothed in accordancewith the 3-yearmoving average quarterlypercentagechangebetweenquarters. PPI Index is theproducer price index for construction6427.0 (ABS PPI) index number 3101 - Road and Bridge construction index forQueensland published by the AustralianBureauof Statistics.

Department to confirm that amount payable prior tomaking payment.

Payment This notice is due and payable by the due time shown.Cheques, money orders or postal notes should be madepayable to SOMERSET REGIONALCOUNCILandcrossed "Not Negotiable". Changecannot be given oncheque payments. Property ownerswill be liable for anydishonour fees.

Overseas Payees Please forward your infrastructure charges payment by

way of a bank draft for the required amount in Australiandollars.

Method of Payment PAYMENT BY MAIL

Confirm the current Infrastructure Chargeapplicable andobtain an updated payment notice from Council'sOperationsDepartment or Planning & DevelopmentDepartment.

Mail this updated paymentnotice immediately with yourpayment to: SOMERSETREGIONAL COUNCIL, PO Box117, Esk Qld 4312

NOTE: Cheques must be made payable to SOMERSETREGIONALCOUNCIL

PAYMENT AT COUNCIL OFFICES

Confirm the current Infrastructure Chargeapplicable.

Present written confirmation of chargeswith your paymentto SomersetRegional Council at the Customer ServiceCounters.

NOTE: Cheques must be made payable to SOMERSET REGIONALCOUNCIL

PAYMENT MADE BY CREDITCARD

Credit Cards accepted: Mastercard or Visa

Enquiries Enquiries regarding this Amended Infrastructure ChargesNotice should be directed to the SOMERSETREGIONALCOUNCIL, Operations Department OR Planning andDevelopment Department, Esk Office, during office hours,Monday to Friday by phoning (07) 5424 4000 or email atmail@somerset.qld.gov.au

Sustainable Planning Act 2009Chapter7 Appeals, offences and enforcement

Part 1 Planning and Environment Court

is 460]

460 Evidenceof local planning instrumentsor master plans(1) If a chiefexecutiveofficer of a local government is satisfied a

document is a true copy of a local planning instrument ormaster plan, or a part of the local planning instrument ormasterplan, in force for the local government at a time statedin the document, the chief executiveofficer may so certify thedocument.

(2) In a proceeding, a documentcertified under subsection (1) isadmissible in evidence as if it were the original local planninginstrument or masterplan, or part of the instrumentor plan.

Division 8 Appeals to court relating todevelopmentapplications andapprovals

461 Appeals by applicants(1) An applicant for a development application may appeal to the

court againstany of the following-(a) the refusal, or the refusal in part, of the development

application;(b) any conditionof a developmentapproval, anothermatter

stated in a developmentapproval and the identificationor inclusion of a code under section 242;

(c) the decision to give a preliminary approval when adevelopment permitwas applied for;

(d) the lengthof a periodmentionedin section 341;

(e) a deemedrefusal of the developmentapplication.(2) An appeal under subsection (1)(a), (b), (c) or (d) must be

started within 20 business days (the applicant's appealperiod) after-

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Sustainable PlanningAct 2009Chapter 7 Appeals, offences and enforcementPart 1 Planning and EnvironmentCourt

{s 4621

(a) if a decision notice or negotiated decision notice isgiven-the day the decision notice or negotiateddecision notice is given to the applicant;or

(b) otherwise-theday a decisionnotice was required to be

given to the applicant.(3) An appeal under subsection(1)(e) may be started at any time

after the last day a decision on the matter should have beenmade.

462 Appeals by submitters-general(1) A submitter for a development application may appeal to the

court only against-(a) the part of the approval relating to the assessment

manager's decision about any part of the applicationrequiringimpact assessmentunder section 314; or

(b) the part of the approval relating to the assessmentmanager's decision under section 327.

(2) To the extent an appeal may be made under subsection (1), theappeal may be against 1 or more of the following-(a) the giving of a developmentapproval;

(b) any provisionof the approval including-(i) a condition of, or lack of condition for, the

approval;or

(ii) the length of a period mentionedin section 341 forthe approval.

(3) However, a submittermay not appeal if the submitter-(a) withdraws the submission before the application is

decided;or(b) has given the assessmentmanager a notice under section

339(1)(b)(ii).

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Sustainable Planning Act 2009Chapter7 Appeals, offencesand enforcement

Part 1 Planning and Environment Court

.. .[s 463}

(4) The appeal must be started within 20 business days (thesubmitter's appeal period) after the decision notice ornegotiateddecision notice is given to the submitter.

463 Additional and extended appeal rights for submitters forparticular developmentapplications(1) This section applies to a development application to which

chapter9, part 7 applies.

(2) A submitterof a properly made submissionfor the applicationmay appeal to the court about a referral agency's responsemade by a prescribed concurrence agency for the application.

(3) However, the submitter may only appeal against a referralagency's response to the extent it relates to-(a) if the prescribed concurrence agency is the chief

executive (environment)-development for anaquaculturalERA; or

(b) if the prescribed concurrence agency is the chiefexecutive (fisheriesMlevelopmentthat is-(i) a material change of use of premises for

aquaculture; or

(ii) operational work that is the removal, damage ordestructionof a marine plant.

(4) Despite section 462(1), the submittermay appeal against thefollowingmatters for the applicationeven if the matters relateto code assessment-(a) a decision about a matter mentioned in section462(2) if

it is a decisionof the chiefexecutive(fisheries);

(b) a referral agency's response mentioned in subsection(2).

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[s 464]

464 Appeals by advice agency submitters(1) Subsection (2) applies if an advice agency, in its response for

an application, told the assessment manager to treat theresponse as a properly made submission.

(2) The advice agency may, within the limits of its jurisdiction,appeal to the court about-(a) any part of the approval relating to the assessment

manager's decision about any part of the applicationrequiring impact assessmentundersection 314; or

(b) any part of the approval relating to the assessmentmanager's decisionunder section 327.

(3) The appeal must be started within. 20 business days after theday the decision notice or negotiateddecision notice is givento the advice agency as a submitter.

(4) However, if the advice agency has given the assessmentmanager a notice under section 339(1)(b)(ii), the adviceagency may not appeal the decision.

465 Appeals about decisions relating to extensions forapprovals(1) For a development approval given for a development

application, a person to whom a notice is given under section389, other than a notice for a decision under section 386(2),may appeal to the court against the decision in the notice.

(2) The appeal must be started within 20 business days after theday the notice of the decision is given to the person.

(3) Also, a person who has made a request under section 383 mayappeal to the court against a deemed refusal of the request.

(4) An appeal under subsection (3) may be started at any timeafter the last day the decision on the matter should have beenmade.

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[s 466]

466 Appeals about decisions relating to permissible changes(1) For a development approval given for a development

application, the following persons may appeal to the courtagainst a decision on a request to make a permissible changeto the approval--(a) if the responsible entity for making the change is the

assessment manager for the application-(i) the person who made the request; or

(ii) an entity that gave a notice under section 373 or apre-requestresponse notice about the request;

(b) if the responsible entity for making the change is aconcurrence agency for the application--theperson whomade the request.

(2) The appeal must be started within 20 business days after theday the person is given notice of the decision on the requestunder section 376.

(3) Also, a personwho has made a request under section 369 mayappeal to the court against a deemed refusal of the request.

(4) An appeal under subsection (3) may be started at any timeafter the last day the decision on the matter should have beenmade.

467 Appeals about changing or cancellingconditionsimposed by assessmentmanager or concurrenceagency(1) A person to whom a notice under section 378(9)(b) giving a

decision to change or cancel a condition of a developmentapproval has been given may appeal to the court against thedecision in the notice.

(2) The appeal must be started within 20 business days after theday the notice of the decision is given to the person.

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[s 468]

Division 9 Appeals to court about complianceassessment

468 Appeals against decision on request for complianceassessment(1) A person to whom an action notice has been given under

section 405(5) about a request for compliance assessment ofdevelopment, a document or work may appeal to the courtagainst the decision in the notice.

(2) The appeal must be started within 20 business days after thenotice is given to the person.

469 Appeals against condition imposed on compliancepermit or certificate(1) A person who is given a compliance permit or compliance

certificate subjectto any conditions may appeal to the courtagainst the decision to impose the condition.

(2) The appeal must be started within 20 business days after theday the compliance permit or compliance certificate is givento the person.

470 Appeals against particular decisions about compilanceassessment(1) A person to whom any of the following notices have been

given may appeal to the court against the decision in the

notice-(a) a notice of a decisionon a request to change or withdraw

an action notice;(b) a notice under section 413(2)(c) about a decision to

refuse a request to change a compliance permit orcompliancecertificate.

(2) The appeal must be started within 20 business days after theday the notice is given to the person.

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. Sustainable Planning Act 2009Chapter7 Appeals, offences and enforcement

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[s 471]

Division 10 Appeals to court about othermatters

471 Appeal by applicant for approval of a proposedmaster plan(1) A person who has applied for an approval of a proposed

master plan may appeal to the court against-(a) the refusal, or the refusal in part, to give the approval;or(b) a matter stated in the notice of decision about the

application;or(c) a deemedrefusal of the masterplan application.

(2) An appeal under subsection (1)(a) or (b) must be startedwithin 20 business days (the applicant'sappealperiod)afterthe day the applicant is given notice of the decision.

(3) An appeal under subsection (1)(c) may be started at any timeafter the last day a decision on the matter should have beenmade.

472 Appeal about extension of period under s 98(1) A person who has requestedan extension under section 98(2)

may appeal to the court against a refusal of the request.(2) An appeal under subsection (1) must be started within 20

business days after the day the person is given notice of therefusal.

(3) Also, a person who has made a request under section 98(2)may appeal to the court against a deemed refusal of therequest.

(4) An appeal under subsection (3) may be started at any timeafter the last day the decision on the matter should have beenmade.

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