Queensland Numbered Acts

SUSTAINABLE PLANNING ACT 2009 No. 36 - SECT 335

(1) The decision notice must state the following--

(a) the day the decision was made;

(b) the name and address of each referral agency;

(c) whether the application is approved, approved subject to conditions or refused;

(d) whether the assessment manager is taken to have approved the application under section 331;

(e) if the application is approved subject to conditions--

(i) the conditions; and

(ii) whether each condition is a concurrence agency or assessment manager condition, and if a concurrence agency condition, the name of the concurrence agency;

(f) if the application is refused--

(i) whether the assessment manager was directed to refuse the application and, if so, the name of the concurrence agency directing refusal and whether the refusal is solely because of the concurrence agency's direction; and

(ii) for a refusal for any reason other than because of a concurrence agency's direction--the reasons for the refusal;

(g) if the application is approved--whether the approval is a preliminary approval, a development permit or a combined preliminary approval and development permit;

(h) if all or part of the application is for a preliminary approval mentioned in section 242 and a variation to an applicable local planning instrument has been approved under this Act--the variation;

(i) any other development permits or compliance permits necessary to allow the development to be carried out;

(j) any code the applicant may need to comply with for self-assessable development related to the development approved;

(k) details of any compliance assessment required under part 10 for documents or work in relation to the development;

(l) 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;

(m) whether the assessment manager considers the assessment manager's decision conflicts with a relevant instrument;

(n) if the assessment manager is satisfied the decision conflicts with a relevant instrument--the reasons for the decision, including a statement of the sufficient grounds mentioned in sections 326(1)(b) and 329(1)(b);

(o) the rights of appeal for the applicant and any submitters.

(2) To remove doubt, it is declared that subsection (1)(n) does not require the assessment manager to give reasons for each condition of approval.

(3) Also, if the application is a building development application, the decision notice must include the approved drawings for the development approval.

(4) If the application is taken to have been approved under section 331, the decision notice need not include the matters mentioned in subsection (1)(m) or (n).

(5) In this section--

relevant instrument, in relation to an assessment manager's decision, means a matter or thing mentioned in section 313(2), 314(2) or 316(4)(c) or (d), other than a State planning regulatory provision, against which the assessment was carried out or to which the assessment manager had regard.