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Council of the Shire of Esk

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31 January 2007

Watts Bridge Memorial Airfield Inc.G/- Ove Arup Pty LtdContact Person: Andrew BattsSenior Statutory PlannerGPO Box 685BRISBANE QLD 4OO1

Dear Sir/Madam,RE: NEGOTIATED DECISION NOTTCE

FOR DEVELOPMENT APPLIGATION NO. 4939(Changing conditions and other matters during the applicant's appeal period)

You are advised that your representation to Council, as the Assessment Manager, about a matter statedin the decision notice for Development Application 4939 has been considered by Council and approvedsubject to conditions. The decision has been made under section 3.5.17 of the lntegrated PlanningAct 1997.

The attached Negotiated Decision Notice replaces the decision notice previously given and providesdetails on:

a) The day the decision was made to change conditions and other matters during theapplicant's appeal period.The nature ofthe changes and the reasons forthe changes.The name and address of each Concurrence Agency or Building Referral Agency;The conditions; and

Whether each condition is a concurrence agency, building referral agency orassessment manager condition, andlf a concurrence agency or building referral agency condition, the name of the agency;

e) Whether the approval is:A preliminary approval; development permit; or combined preliminary approval anddevelopment permit?lf all or part of the application is for a preliminary approval and the assessmentmanager has approved a variation to an applicable local planning instrument - thevariation;

0 Any other development permits necessary to allow the development to be carried out;S) Any code the applicant may need to comply with for self-assessable development

related to the development approved;h) Whether or not there were any properly made submissions about the application and

for each properly made submission, the name and address of the principal submitter;ano

i) Whether the negotiated decision affects the amount of an infrastructure charge orregulated infrastructure charge under section 5.1 .8 of the lPA.

k) Whether a 'Regulated lnfrastructure Charges Notice' is attached in accordance withsection 5.1.18 of the lPA.

Should you wish to discuss the contents of the attached decision notice, please liaise with Julie Bertsos,Senior Planner within Council 's Planning Department by telephoning (07) 5a2a a000.

Yours faithfully,

0 2 FIB 2007ABN 94 r28 161 282

Shire Council Chambers - 2 Redbank Street, Esk Qld 43 I 2 -

Address all correspondence to the Chief Executive Officer, Council of

DA No. 4939Assessment No: 05064-20000-000Julie Bertsos

b)

d)

Email: [email protected] - Website: w.Fiv. qld.gov.au


NEGOTIATED DECISION NOTICEFOR

DEVELOPMENT APPLICATION NO. 4939(Ghanging conditions and other matters during the applicant's appeal period)

1. Negotiated Decision

Moved - Cr Burke Seconded - Cr Roberton

"That Council issued a 'Negotiated Decision Notice' for Development ApplicationNo. 4939 for a:

Preliminary Approval (to Override the Planning Scheme) for a Material Changeof Use of land described as Lot 205 on Crown Plan CSH2421 and located alongCressbrook-Caboonbah Road, Cressbrook for the Development of Watts BridgeMemorialAir f ie ld; andThe level of assessment for all development on Watts Bridge Memorial Airfield shallbe as specified in Table 1 Section 3.4 of the Revised Proposal Report for WattsBridge MemorialAirfield - dated May 2006 and prepared by ARUP PTY LTD; andAll Development shall be assessed against the Watts Bridge Memorial Airfield Master(WBMA) Plan, WBMA Code and the Site Based Management Plan (SBMP); and alsoSubject to the requirements and conditions contained in the following Schedules andAttachments.

2. Decision day/dateThe Council of the Shire of Esk as Assessment Manager made the decision onWednesday, 24 January 2007.

3. The nature ofthe changes and the reasons forthe changes

The applicant on behalf of his clients makes representations to Council under Section3.5.17(1) of the lntegrated Planning Act 1997(lPA) regarding the conditions imposed.

The applicant further requests that Council consider and agree with the proposed changesand issue a Negotiated Decision Notice in accordance with Section 3.5.17(2) of the lPA.

The following table summarises the conditions of concern, requested changes to thenominated conditions of approval, supporting representation to the request changes andplanning comments to the proposed changes.

ABN 94 128 161 282Shire Council Chambers - 2 Redbank Street, Esk Qld 43 12 - Telephone (0'7) 5424 4000 - Fax (07) 5424 4099

Address all correspondence to the Chief Executive Officer, Council of the Shire of Esk, PO Box 117, Esk Qld 4312Email: [email protected] - Website: wwwesk.qld.gov.au

Schedule 11 . 3 The Watts Bridge Memorial Airfield Association provide the following persons with a

copy of Af Services Australia Take Off and Landing Guidelines for the Airfield:Don Duncombe, 685 Cressbrook-Caboonbah Road, Toogoolawah; andKen Roberts, 639 Cressbrook-Caboonbah Road, Toogoolawah.

Requested chanqe: Condition 1.3 be deleted.

Supporting representation :Watts Bridge Memorial Airfield is a private airfield and operations (including take-off andlanding) by members who are regulated under the CivilAviation Act 1988 (Cwlth); CivilAviation Regulations 19BB (Cwlth) and the CivilAviation Safety Regulations 1988 (Cwlth)and associated CivilAviation Orders (CAOs), CivilAviation Advisory Publications (CMPs),

ouncil of the Shire of EskAdvisory Circulars and Manuals of Standards. I t t

L-doOrThese regulations comprise a significant amount of documentation that is freely available forviewing or download from the CivilAviation Safety Authority (CASA) website. Thedocumentation is also controlled, meaning that as up-dates are produced they are madeavailable immediately. Civil aviation publications are not WBMA's to provide, due tocopyright laws. Therefore, Council's condition may require WBMA to breach copyright laws.

Neither Council nor any individual is authorised or responsible for ensuring that planesoperate safely. Flying is self-regulatory and pilots are required to comply with Civil AviationReoulations and Ooerational Procedures.

Planning Comments: lt is noted that providing the submitters with a copy of the AirServices Australia Take Off and Landing Guidelines for the Airfield, was a requirement setby Council at the Ordinary Meeting of 11 October 2006. Should Council decide to delete thiscondition from Schedule 1 of the approval, the submitters can be directed to the variousrequlations and procedures that are freelv available on the CASA website.

Schedule 11 . 4 Amend the Watts Bridge MemorialAirfield Site Based Management Plan (SBMP)

sections 6.1 and 6.2 to make reference to best practice measures for developmentin water supply catchments and as described in the SEQ Water Corporation'sGuidelines for Water Quality Managemenf as an element of water quality.manaoement.

Requested change: Condition 1.4be deleted and replaced with a condition requiringimplementation of the SBMP approved as part of the development application.

Supporting representation :South East Queensland Water Corporation required the amendment of the submitted SBMPto reflect the SEQ Water Corporation's Guidelines for Water Quality Managemenf as part ofthe Coordinated Information Request.

WBMA responded to the information request by amending and resubmitting the SBMP. Theresubmitted SBMP reflects the requirements from the SEQ Guidelines that are relevant tothe site conditions and the tvoe of use.

Planning comments:In correspondence dated 10 January 2007, the SEQ Water Corporation advised Councilthatthe Corporation agrees to the requested change and that Condition 1.4 of Schedule 1 bereolaced with a condition requirino the Site Based Manaqement Plan to be implemented.

Schedule 11 . 5 Provide Council and the SEQ Water Corporation with an effluent disposal report

assessing the land available for wastewater disposal based on soil(s) type andpermeability, distance to bedrock, slope, vegetation cover, disposal mechanism,separation distances to watercourses including creeks and dams, wastewaterquality and water supply type. Such information is to address the SEQ WaterCoroorations Guidelines for Water Qualitv Manaqement.

Reouested chanoe: Condition 1.5 be deleted.

Su pporting representation :As the proposal has not sought to amend/change/alter the existing STP, nor will theproposed development impose any greater load than is allowed for the existing STP asapproved, this approval cannot propose to amend/change or make additional requirements.Section 3.5.32(1) of the IPA specifies that conditions cannot be imposed that areinconsistent with a condition of an earlier development approval still in effect for thedevelooment.

Planninq comments:

ABN 94 128 161 282Shire Council Chambers - 2 Redbank Street, Esk Qld 4312 - Telephone (07) 5424 4000 - Fax (07) 5424 4099

Address all conespondenca to the Chief Executive Officer, Council of the Shire of Esk, PO Box 1 17, Esk Qld 43 12. Email: [email protected] - Website: www.esk.qld.gov.au

ouncil of the Shire of EskThe nature of the sewage treatment plant is intrinsically linked to the use of the sit{andhtfpotential impact on water quality in Lake Wivenhoe. From this perspective, it was I .Dj(1considered reasonable that the development application will change the nature ofdevelopment on the site from the existing approvals and therefore was reasonable to requireinfrastructure on the site to accord with the nature of the new development, assessmentlevels, code and site based management plan; which forms part of the preliminary approval.

Moreover, the basis of Conditions 1.5 to 1.11 reflect the advice provided by the SEQ WaterCorporation as a result of the coordinated information and referral stage of the IDAS processunder lPA. As such, Council was advised of these conditions to allow the proposeddevelopment to satisfy the water quality outcomes sought by the SEQ Water Corporation.

However, in response to the representations made the SEQ Water Corporation haveadvised Council that the Corporation agrees to the requested changes in terms of deletingcond i t ions 1 .5 to 1 .11 .

Schedule 11 . 6 Provide a copy to Council and to the SEQ Water Corporation of the current EPA

licence and its requirements.Requested chanqe: Condition 1.6 be deleted.

Supporting representation: This is not a condition, but rather it is an administrativerequirement. which WBMA has alreadv met.

Planning comments:In correspondence dated 10 January 2007, SEQ Water Corporation advised Councilthatthere are several matters relating to sewerage treatment and irrigation of treated effluent andoutstanding information regarding the performance of the vetiver grass used in the treatedeffluent irrigation area. Accordingly, SEQ Water Corporation has sought information fromWBMA regarding these issues and has not been provided with the relevant information,despite the advice in the representations indicating that other agencies have undertakeninspections and other activities.

Therefore in order to resolve these matters, the SEQ Water Corporation intends to considerthese matters further in its role as a member of the Watts Bridge Memorial AirfieldStakeholder Committee and as the landowner.

The requested chanqe to delete condition 1.6 from Schedule 1 of the approval is supported.

Schedule 11 . 7 The nominated land disposal area including all surface and subsurface flow

diversion works, cut-off drains and other measures to prevent overland flow ofstormwater on the area, must be bunded in order to capture any contaminatedrunoff or seepage from the application area so as to prevent any erosion, seepage,area collapse or other contamination associated with the land disposal area movingout of the propertv into surface or qround waters.

Reouested chanqe: Condition 1.7 be deleted.

Supporting representation: WBMA is required by the EPA to comply with the existing EPApermit (No, ENCD00458105 dated 14 February 2006) for the sewage treatment plant (STP)and its conditions. Specifically for stormwater, the permit requires that:

tr The onsite sewage treatment plant is operated to prevent and/or minimise therelease or likelihood of release of contaminated runoff from the site to anystormwater drain or waters or the bed or banks of any such works;

o Spillages of waste, contaminants or other materials must be cleaned up as quicklyas possible, by means other than hosing, sweeping or other actions that mayrelease such materials into any external stormwater drainage system, roadsidegutter or waters; and

tr The vetiver olantation area must be bunded to effectively exclude stormwater runoffABN94 t28t6t282

Shire Council Chambers - 2 Redbank Street, Esk Qld 43 i2 - Telephone (07) 5424 4000 - Fax (07) 5424 4099Address all correspondence to the ChiefExecutive Officer, Council ofthe Shire ofEsk, PO Box 117, Esk Qld 4312

. Email: [email protected] - Website: www.esk.qld.gov.au

ouncil of the Shire of Eskfrom entering the area and to prevent stormwater that falls within the area lo bt treleased. [-lDd

The proposal has not sought to amend/change/alter the existing STP, nor will the proposeddevelopment impose any greater load than is allowed for the existinq STP as approved.

Planning comments:It is considered that Condition 1.7 of the new approval relating to the STP conflicts withsection 3.5,32(1)(a) of the lPA, as the recent application has not sought to vary or changeany aspect of the existing STP. Consequently, the existing (continuing) approval for the STPis not affected and conditions cannot be imposed on this new approval, which purports tovary or further regulate the capacity and operations of the STP. The requested change todelete condition 1.7 from Schedule 1 of the aooroval is suooorted

Schedule 11 . 8 Submit a report by a suitably qualified person or entity to the Environmental

Protection Agency (EPA), Council and the SEQ Water Corporation indicating thepermeance characteristics of vetiver grass, what area of the grass is required for thecurrent load and the future full capacity load with an additional 'reserve' capacity.The EPA, Council and the SEQ Water Corporation must endorse this report.

Requested change: Condition 1.8 be deleted.

Supporting representation: The vetiver grass used in the approved vetiver plantation areawas sourced from Esk Shire Council and is the same species used at the nearbyToogoolawah Sewerage Treatment Plant. Mr Steve Tracey of the EPA has inspected andapproved the use of the vetiver grass, which has been planted at the airfield.

The proposal has not sought to amend/change/alter the existing STP, nor will the proposeddevelopment impose any qreater load than is allowed for the existinq STP as approved.

Planning comments:The existing (continuing) approval for the STP is not affected by this approval and conditionscannot be imposed on this new approval, which purports to vary or further regulate thecapacity and operations of the STP, in accordance with section 3.5.32(1)(a) of lPA.

The requested chanoe to delete condition 1.8 from Schedule 1 of the aooroval is supported.

Schedule 11 . 9 Stormwater Management: Provide Council and the SEQ Water Corporation with a

Stormwater Management Report. The report is to address the SEQ WaterCornoration's Guidelines for Water Qualitv Manaqement.

Requested chanqe: Condition 1.9 be deleted.

Supporting representation: WBMA provided the SBMP as part of the developmentapplication. Section 4 of the SBMP details the proposed strategies and actions that WBMAand its members/contractors will be required to comply with in regard to stormwater andgroundwater management. These strategies and actions reflect the requirements from theSEQ Guidelines that are relevant to the site conditions and the type of use.

Planning comments:The requested change to delete condition 1.9 from Schedule 1 of the approval is supported.

In addition, a new condition requiring implementation of the SBMP should be included in theaooroval.

Schedule I1 . 1 0 Vegetation Management: Submit a Vegetation Management Plan to Counciland

the SEQ Water Corporation, which ensures the land application area for sewagedisposal is qrassed with kikuyu or Monto Vetiver (Vetiver grass). The plant must


Address all correspondence to the ChiefExecutive Officer, Council ofthe Shire ofEsk, PO Box 117, Esk Qld 4312. Email: [email protected] - Website: www.esk.qld.gov.au

ouncil of the Shire of Eskestabl ish:

o How such a species will be installed and maintained to ensure plant uptakewill equal nutrient application rates;

o How the area will be managed to harvest and remove plant bio-mass, theuse of salt{olerant species; and

o How fertil ised application will be managed to prevent nutrient overload.tr Biomass harvested from the land irrigation field must be removed from the

field for on-site composting or distribution in an area away from the landirrigation field, and outside of any gully lines, drainage features, flood areas,or setbacks to water wavs.

Requested change: Condit ion 1.10 be deleted.

Supporting representation: The vetiver grass used in the approved vetiver plantation areawas sourced from Esk Shire Council and is the same species used at the nearbyToogoolawah Sewerage Treatment Plant. Mr Steve Tracey of the EPA has inspected andapproved the use of the vetiver qrass, which has been planted at the airfield.

Planning comments:The requested change to delete 1 .10 from Schedule 1 of the approval is supported. Section3.5.32(1)(a) of the IPA specifies that conditions cannot be imposed that are inconsistent witha condition of an earlier development approval stil l in effect for the development.

Moreover, the proposal has not sought to amend/change/alter the existing STP, nor will theproposed development impose any greater load than is allowed for the existing STP asapproved.

Schedule 11 . 1 1 No Vetiver grass (Vetiveria zizanioides) is to be used for vegetating any treated

effluent disposal areas.Requested chanqe: Condition 1.11 be deleted.


The proposal has not sought to amend/change/alter the existing STP, nor will the proposeddevelopment impose any greater load than is allowed for the existinq STP as approved.

Planning comments:The requested chanqe to delete 1.11 from Schedule 1 of the approval is supported.

Schedule 11 . 1 2 Road Network: Any new internal roads must be formed and gravelled and together

with the existing road network be sealed to 4-metres in width, once daily trafficvolumes reach 50 vehicles per day.

Requested change: Condition 1 .12 be amended to delete the wording relating to theexistinq road network and to orovide specificitv to the timino trigqer.

Supporting representation: The condition as proposed is unlaMul as it specifies arequirement for the "existing road network", which is interpreted to mean the existing vehicleaccess-ways within the airfield site, to be sealed. Such existing access-ways have beendeveloped under the previous approvals for the airfield and therefore do not form part of thecurrent development application. The condition also lacks specificity as it "ties" therequirement that new internal roads must be formed and gravelled once daily traffic volumesreach 50 vehicles per day.


Address all conespondence to the Chief Executive Officer, Council of the Shire of Esk, PO Box 1 17, Esk Qid 43 12Email: [email protected] - Website: www.esk.qld.gov.au

ouncil of the Shire of EskPlanning comments:Officers within Council's Operations Department have discussed the road network lg!ilifi-with the apolicant and aoree with the reouested chanoe to delete the nominated conditionSchedule 2 - Advice2.2 With regard to Condition 1.9 it is noted the applicant has proposed to use Vetiveria

Zizanioides (Vetiver grass) as the preferred species of high nutrient uptake plant forthe irrigation area. The EPA specifies Monto Vetiver is the only acceptable cultivardue to its sterile properties. As previous information has not been provided, theconditions reflect the need to provide such information prior to additional load on thesewage treatment and treated effluent disposal system.

Reouested chanqe: Advice 2.2be deleted.


The proposal has not sought to amend/change/alter the existing STP, nor will the proposeddevelopment impose anv qreater load than is allowed for the existino STP as aooroved.

Planning comments:The representation seeks to delete 'advice 2.2'within Schedule 2 of the approval. SEQWater Corporation advised Council that they intend to resolve this matter with the WBMACorporation as a member of the WBMA Stakeholder Committee and as the landowner.

The requested change to delete 'advice 2.2' 'from Schedule 2 of the aporoval is supported

4. ReferralAgenciesThe development application required Referral Coordination, as the proposal was thesubject of an application for a Preliminary Approval to Override the Planning Schemementioned in section 3.1.6 of the lPA. The Chief Executive of the Department ofLocal Government, Planning, Sport & Recreation coordinated the informationrequests in accordance with Section 3.3.5 of the lPA. There were no Concurrence orAdvice Agencies for the application. However, the following 3' Party AdviceAgencies were requested to assess the development application:

GHD Administration for SEQ Water CorporationC/- GHDAttention: Marcus MulhollandPO Box 668Brisbane, Qld 4001

Environmental Protection Agency (EPA)Manager of LicensingSouthern Region PO Box2771Brisbane, Qld 4001

Department of Natural Resources, Mines & EnergySEQ RegionAttention : Andrew MacPhersonSenior Officer (Planning and Environment)PO Box 864lpswich, Qld 4305

Department of Local Government, Planning, Sport & RecreationThe Chief Executive OfficerSouth East Queensland - WBB Planning DivisionPO Box 15031Brisbane, City East, Qld 4002

Shire Council chambers - 2 Redbank tt,*,l"ti Slotiirlu-tf"1"ton-" (0'7) s4z4 4000- Fax (07) s424 4ossAddress all correspondence to the Chief Executive Officer, Councii of the Shire of Esk, PO Box 117, Esk Qld 4312

Email: [email protected] - Website: www.esk.qld.gov.au

Couneil of the Shire of Esk5. Assessment Manager Condit ions

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SCHEDULE 1No. Condit ion Timinq1 . 1 The first paragraph of the Watts Bridge Memorial Airfield

Code shall be amended to read:"The provisions in sect ions 1.1 - 1.3 including Schedules '1-3

comprise the Watts Bridge Memorial Airfield Code".

Prior to any furtherdevelopment occurring

1 . 2 All development within the airfield site must comply with theWatts Bridge Memorial Airfield Master Plan; WBMA Codeand the Watts Bridge Memorial Airfield Site BasedManaoement Plan (SBMP).

At al l t imes

,l 2. Only uses consistent with the overall outcomes for andpreferred for development within the Watts Bridge MemorialAirfield, as specified in Schedule 1 - Consistenf Uses withinthe WBMA Airfield Code. are to be established in the airfield.

At all times

SCHEDULE 22 . 1 The 'relevant period'for the Preliminary Approval to Override the Planning Scheme for

a Material Change of Use of Lot 205 on Crown Plan CSH2421 is four (4) years startingthe day the approval takes effect. The development approval will lapse at the end of the'relevant period', unless the conditions attached to the Preliminary Approval have beencompleted.

An extended 'relevant period' may be agreed upon pursuant to Section 3.5.22 of thelntegrated Planning Act 1997 (lPA), provided a written notice to Council is made beforethe end of the 'relevant oeriod'.

2 .2 The Watts Bridge Memorial Airfield Association is requested to take constructivemeasures to ensure its members and users of the airfield are mindful that the airfield issituated in the midst of a rural area and that their activities may impact on surroundingrural uses. Accordingly members and users should be encouraged to take allreasonable steps to ensure that any impacts associated with their activities aremin imised.

2 .3 The lntegrated Planning Act 1997 states that any change to the use or the scale orintensity of the approved use requires the submission of a new development applicationand subseouent develooment aooroval.

2.4 Separate development approval is required for any building work, plumbing/drainageworks and operational works necessitated by the conditions contained in this DecisionNotice.

2.5 From January 2001, the Building and Construction Industry (Portable Long ServiceLeave) Levy must be paid prior to the issue of a development permit where one isrequired for the 'Building and Construction Industry'. This applies to Building Works,Operational Works and Plumbing and Drainage Works applications, as defined underthe Integrated Planning Act 1997, where the works are $80,000 or more and matchingthe definition of 'Building and Construction Industry' under the Building and ConstructionIndustry (Portable Long Service Leave) Act 1991.

Council will not be able to issue a Decision Notice without receipt of details that the levyhas been paid. Should you require clarification in regard to the amendments to theBuilding and Construction Industry (Portable Long Service Leave)Act 1991, you shouldcontact Qleave on 1800 803 481 (free call) or (07) 3212 6855;


6. Goncurrence Aqency or Building Referral Agencv GonditionsNot applicable for this application

7. Type of Approval

Preliminary Approval (to Override the Planning Scheme) for a Material Changeof Use of land described as Lot 205 on Crown Plan CSH2421 and located alongCressbrook-Caboonbah Road, Cressbrook for the Development of Watts BridgeMemorialAirf ield; andThe level of assessment for all development on Watts Bridge Memorial Airfield shallbe as specified in Table 1 Section 3.4 of the Revised Proposal Report for WattsBridge MemorialAirfield - dated May 2006 and prepared by ARUP PTY LTD; andAll Development shall be assessed against the Watts Bridge Memorial Airfield Master(WBMA) Plan, WBMA Code and the Site Based Management Plan (SBMP); and alsoSubject to the requirements and conditions contained in the following Schedules andAttachments.

Other development permit required?Refer to Schedules of Approval

Codes applicable to related self-assessable developmentWatts Bridge Memorial Airfield (WBMA) Code; andWatts Bridge Memorial Airfield Master Plan; andWBMA Site Based Management Plan (SBMP).

Properly Made SubmissionsThere were two properly made submissions about the application.

Details of SubmittersThe names and addresses of the principal submitters are listed below:

Ken Roberts639 Cressbrook - Caboonbah RoadToogoolawah Qld 4313

DR & KE Duncombe685 Cressbrook - Caboonbah RoadToogoolawah Qld 4313

Assessment ManagerCouncil of the Shire of Esk

ABN 94 128 1.61 282Shire Council Chambers - 2 Redbank Street, Esk Qld 4312 - Telephone (01) 5424 4000 - Fax (01) 5424 4099

Address all correspondence to the Chief Executive Officer, Council of the Shire of Esk, PO Box 117, Esk Q1d 4312Email: [email protected] - Website: www.esk.qld.gov.au

8.

9.

10.

11.

12.

s 4.L.24 115

Irztegrated Planning Act 1997

s 4.1.?7

(9) If the courr ma-lces an order under subsection (g), the taxingofficer may decide the appropriate scale to be used in taxingthe costs.

(10) An order made under this section may be made an order of theDistrict Court and enforced in the District Court.

4.1.24 Privileges, protection and immunity

A pe.rson who is one of the following has the same priviieges,protecti.on or immunity as the person would have if theproceeding were in the District Court-

(a) the judge presiding over the proceeding;

O) a iegal practitioner or agent appearing in the proceeding;

(c) a wihress attending in the proceeding.

4,1.25 Fayment of witnesses

Every witness summoned is entitred to be paid reasonableexpenses by the party requiring the attendance of the wirness.

4.1.26 Evidence of planning schemes(l ) If a chief executive officer of a local govemment is satisfied a

document is a true copy of a pla'ning scheme, or a part of theplanning scheme, in force for the local government at a timestated in lhe document, the chief executive officer mav socertify the document.

(2) ln a proceeding, a document cerlified under subsection (1) isadmissible in evidence as if it were the original scheme orpafl.

Division I Appeals to court relating todevelopment applications

4.1.27 Appeals by applicants(l ) An applicanr for a developmenr application may appeai ro rhe

court againsr any of the fol)owing-

s 4.1.28 176lntegrated Planning Act I997

s 4.1.28

(a) the refusal, or the refusal in part, of a developmentapplication;

(b) a fira.tter stated in a development approval, including anycondition applying to the development, and theidentification of a code under section 3.1,6;ro

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

(d) the iength of a cu:rency period;

(e) a deemed refusal.

(2) An appeal under subsection (lXa) to (d) musr be starredwithin 20 business days (the applicant's appeal period) atterthe day the decision notice or negotiated decision notice isgiven to fte applicant.

(3) An appeal under subsection (lXe) may be started at any rimeafter the last dav a decision on the matter should have beenmade.

4.1-28 Appeals by submitters

(1) A submiuer for a deveiopment application may appeal ro thecourt only against.-

(a) the part of the approval relating to the assessmentmanager's decision under section 3.5.14 or 3.5.14A; or

(b) for an application processecl undersection 6.1.28(2)-the part of the approval about theaspects of the development that would have requiredpublic notification under the repealed Act.

(2) To the extent an appeal may be made'under subsection (i), theappeal may be against 1 or more of the following-

(a) the giving of a development approval; .

(b) an5r provision of the approval including-

(i) a condition of, or lack of condition for, theapprovzil; or-

90 Section 3.1.6 (Preliminary approval may override a local planning instrument)

s 4.1.29 171

Integrated Planning Act 1997

s 4.1.30

(ii) the iength of a curre:rcy perio{ for the approval.

(3) However, a submitter rnay not appeal if the submitter-

(a) withdraws the submission before the application isdecided; or

0) has given the assessment manager a notice undersection 3.5. I 9( I Xbxii).

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

4,1.29 Appeals by advice agency submitters

(1) Subsection (1A) appties if an advice agency, in its responsefor an application, told the assessment manager to trcat theresponse as a properly made submission.er

(1A) The.advice agency may, within'the limits of irs jurisdicrion,appeal to the court aboirt any part of the approval relating tothe assessment manager's decision under section 3.5-14or 3.5.14A.

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

(3) However-, if the advice agency has given the assessmentmanager a notice under section 3.5.19(lxb)(ii), the adviceagency may not appeal the decision.

4"1,30 Appeals for matters arising after approval given(co-respondents)

(1) For a developmenl. approval given for a developmentapplication, a person to r,vhom any of the foliowing noticeshave been given may appeal to the court against the decisionin llre n61igs-

(a) a notice giving a decision on a request for an extensionof the currency period for ar approval;

9 1 See section 3.3.19 (Advice agency's response powers)

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