Decision noticeapproval
Sustainable Planning Act 2009 s.335
[file reference]
[contact name]
[contact number]
[date]
[applicant’s name]
[applicant’s address]
I acknowledge receipt of the above application on [insert date application received] and confirm the following details:
RE: Development application for [details of proposed development]
[street number and address of proposed development]
[lot and plan details of proposed development]
Dear [sir/madam/name]
I wish to advise that, on date of decision],
the above development application was [tick applicable box]
approved in full or
approved in part for the following [detail the extent of the approval] or
approved in full with conditions. The conditions of this approval are set out in Attachment 1. These conditions are clearly identified to indicate whether the assessment manager or a concurrence agency imposed them or
approved in part for the following, with conditions
The conditions of this approval are set out in Attachment 1. These conditions are clearly identified to indicate whether the assessment manager or a concurrence agency imposed them.
Approval under s331[tick applicable box]
This application has or has not been deemed to be approved under section 331of the Sustainable Planning Act 2009 (SPA).
1.Details of the approval
The following approvals are given:[tick applicable box/es]
Sustainable Planning Regulation 2009, schedule 3 reference / Development Permit / Preliminary ApprovalCarrying out building work(assessable under the Building Act 1975) / Part 1, table 1, item 1
Carrying out building work in a declared fish habitat area(assessable against the Fisheries Act 1994) / Part 1, table 1, item 2
Carrying outbuilding workassessable under the planning scheme, a temporary local planning instrument, a master plan or a preliminary approval to which section 242 applies
Making a material change of use assessable under the planning scheme, a temporary local planning instrument, a master plan or a preliminary approval to which section 242 applies
Making a material change of use for an environmentally relevant activity / Part 1, table 2, item 1
Making a material change of use for a brothel / Part 1, table 2, item 2
Making a material change of use on strategic port land that is inconsistent with an approved land use plan / Part 1, table 2, item 3
Making a material change of use on airport land that is inconsistent with the approved land use plan / Part 1, table 2, item 4
Making a material change of use for a major hazard facility or possible major hazard facility / Part 1, table 2, item 5
Making a material change of use where all or part of the premises involves contaminated land / Part 1, table 2, item 6, 7, 8 & 9
Making a material change of use for aquaculture / Part 1, table 2, item 10
Making a material change of use for agricultural or animal husbandry activities in a wild river area / Part 1, table 2, item 11
Reconfiguring a lot / Part 1, table 3, item 1
Operational work for the clearing of native vegetation / Part 1, table 4, item 1
Operational work for reconfiguring a lot, if the reconfiguration is also assessable development / Part 1, table 4, item 2
Operational work that allows taking, or interfering with, water / Part 1, table 4, item 3
Operational work for a referable dam or that will increase the storage capacity of a referable dam by more than 10 per cent / Part 1, table 4, item 4
Operational work for tidal works or work within a coastal management district / Part 1, table 4, item 5
Operational work that is the constructing or raising of a waterway barrier works / Part 1, table 4, item 6
Operational work that is completely or partly within a declared fish habitat area / Part 1, table 4, item 7
Operational work that is the removal, destruction or damage of a marine plant / Part 1, table 4, item 8
Operational work for agricultural or animal husbandry activities in a wild river area if the operations are declared to be assessable under a wild river declaration / Part 1, table 4, item 9
Operational work assessable under the planning scheme, a temporary local planning instrument, a master plan or a preliminary approval to which section 242 applies
Development for removing quarry material from a watercourse or lake (if an allocation notice is required under the Water Act 2000) / Part 1, table 5, item 1
Development on a Queensland heritage place
- Building work assessable under the Building Act 1975
- Building works assessable under the planning scheme
- Plumbing or drainage work
- Material change of use
- Reconfiguring a lot
- Operational work / Part 1, table 5, item 2
Development on a local heritage place
-Building work assessable under the Building Act 1975
- Building works assessable under the planning scheme
- Plumbing or drainage work
- Material change of use
- Reconfiguring a lot
- Operational work / Part 1, table 5, item 3
Development for a mobile and temporary environmentally relevant activity for which a code of environmental compliance has not been approved or made / Part 1, table 5, item 4
Development for an environmentally relevant activity (other than an agricultural ERA, a mining activity or a chapter 5A activity) for which a code of environmental compliance has been approved or made, if it is in a wild river area / Part 1, table 5, item 5
Development on strategic port land if the land use plan for the strategic port land states the development is assessable development / Part 1, table 5, item 6
Development on airport land if the land use plan for the airport land states the development is assessable development / Part 1, table 5, item 7
Development that is assessable development under a State planning regulatory provision
- Building work
- Material change of use
- Reconfiguring a lot
- Operational work
2.Preliminary approval affecting the planning scheme [strike out if not applicable to the application]
A preliminary approval to which section 242 of the SPAapplies is givenand the assessment manager has approved a variation to the local planning instruments:
[Insert name of local planning instrument]
The variation approved
3.Other necessary development permits and/or compliance permits [strike out if not applicable]
Listed below are other development permits and/or compliance permits that are necessary to allow the development to be carried out:
4.Codes for self-assessable development [strike out if not applicable]
The following codes must be complied with for self-assessable development related to the development approved
5.Details of any compliance assessment required for documents or work in relation to the development [strike out if not applicable]
Compliance assessment is required under chapter 6, part 10 of SPA for the following documents or works in relation to the development
Documents or worksrequiring compliance assessment / Matters or things against which the document or work must be assessed / Compliance assessor / When the request for compliance assessment must be made
6.Submissions[strike out if not applicable]
There were [insert number of properly made submissions]
/ were no properly made submissions about the application. [tick applicable box]
The name and address of the principal submitter for each properly made submission are as follows:
[for each properly made submission, list the name and address of the principal submitter. If there are a large number of submitters, this list may be included in an attachment to the decision notice]
1.
2.
3.
7.Conflict with a relevant instrument and reasons for the decision despite the conflict
[tick applicable box or strike out if not applicable. Do not answer this question if the approval is a deemed approval]
The assessment manager does/does not consider that the assessment manager’s decision conflicts with a relevant instrument. [If the decision conflicts with a relevant instrument, complete the following table]
8.Referral agencies [strike out if not applicable to the application]
The referral agencies for this application are:
For an application involving / Name of referral agency / Advice agency or concurrence agency / Address[list aspect of development
requiring referral] / [insert name of the referral agency] / [advice agency or concurrence agency, as relevant] / [insert address for the referral agency]
[list next aspect of development requiring
referral of the application.
Delete if not applicable]
9.Approved plans [strike out if not applicable to the application]
The approved plans and/or documents for this development approval are listed in the following table:
Plan/Document number / Plan/Document name / Date10.When approval lapses if development not started (s.341)
11.When approval lapses if development started but not completed—preliminary approval to which section 242 of the SPA applies (s.343)[optional]
12.Appeal rights
Appeals by applicants
An applicant for a development application may appeal to the Planning and Environment Courtagainst the following:
- the refusal, or refusal in part of the development application
- any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242 of SPA
- the decision to give a preliminary approval when a development permit was applied for
- the length of a period mentioned in section 341
- a deemed refusal of the development application.
The timeframes for starting an appeal in the Planning and Environment Court are set out in section 461(2) of SPA.
Applicants may also have a right to appeal to the Building and Development Dispute Resolution Committee. For more details, seeSPA, chapter 7, part 2.
Appeals by submitters
A submitter for a development application may appeal to the Planning and Environment Court against:
- the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment
- the part of the approval relating to the assessment manager’s decision under section 327.
Details about submitter appeal rights for the Planning and Environment Court are set out in sections 462, 463 and 464 of SPA.
Submitters may also have a right to appeal to the Building and Development Dispute Resolution Committee. For more details, see SPA, chapter 7, part 2.
Attachment 2is an extract from SPA which details the applicant’s appeal rights and the appeal rights of any submitters regarding this decision.
If you wish to discuss this matter further, please contact me on the above telephone number.
Yours sincerely
[delegate’ssignature and date]
[assessment manager’s name]
cc: Principal submitters [if applicable to the application]
Attachment 1—Conditions of the approval
Part 1—Conditions imposed by the assessment manager
Part 2—Concurrence agency conditions
Attachment 2–SPA extract on appeal rights