SomersetREGIONAL COUNCIL

Officer: Robert Gardiner

Telephone: (07) 5424 4000

Email: mail@somerset.qld.gov.auOur reference: DA11989

Date: 15'" December 2011

Somerset Regional Council

PO Box 117

Esk, QLD 4311

Decision Notice Approval

Operational WorksSustainable Planning Act 2009

I acknowledge receipt of the above application on 28th October 2011 and confirm the following details:

RE: Development application for Operational Works for Placement of Advertising Signage on landdescribed as Lot 7 RP214853 and situated at 32 Banks Creek Road, Fernvale.

Dear Sir/Madam,

I write to advise that, on 15* December 2011, the above development application was approved in fullwith conditions. The conditions of this approval are set out in Attachment 1.

Approval under s331This application has not been deemed to be approved under section 331 of the Sustainable Planning Act2009 (SPA).

1. Details of the approvalThe following approvals are given:

Sustainable Development PreliminaryPlanning Permit ApprovalRegulation2009, schedule3 reference

Operational work for Placement of Advertising Signage Part 1, table 4, Yes -

item 8

ABN 501 389 582 49Council Chambers - 2 Redbank Street, EskQLD 4312

Address all correspondence to - Chief Executive Officer, Somerset Regional Council, PO Box 117, Esk QLD 4312P 07 5424 4000 F 07 5424 4099 E mail@somerset.qld.gov.au W www.somerset.qld.gov.au

2. Approved plans

The approved plans and/or documents for this development approval are listed in the following table:

Plan/Document number Plan/Document name Date

Drawing No. 0909. W1 Site Plan, drawn by Graham Richardson 30.10.09Architects

- Proposed Sign Display -

Drawing No. 11-372 Structural Details: drawn by ENG Consulting SEPT 11

3. When approval lapses if development not started (s.341)

? 15th December 2013

4. Appeal rights

Appeals by applicants

An applicant for a development application may appeal to the Planning and Environment Court againstthe 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 theidentification or inclusion of a code under section 242 of SPA

? a deemed refusal of the development application.

The timeframes for starting an appeal in the Planning and Environment Court are set out in section461(2) of SPA.

Applicants may also have a right to appeal to the Building and Development Dispute ResolutionCommittee. For more details, see SPA, chapter 7, part 2.

Yours si ely

Robert inhie Ex cuti e Officer

Attac en i nditions of the approvalAttach 2-S extract on appeal rights

ATTACHMENT 1 -- PART 1

CONDITIONS - ASSESSMENT MANAGER

SCHEDULE 1 - PlanningAssessment 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. 0909.W1, dated 30.10.09 & drawn byGraham Richardson Architects

- Proposed Sign Display- Drawing No. 11-372, dated SEPT 11 & drawn by ENG

Consulting

1.2 Comply with relevant provisions of the former Esk Shire's At all timesPlanning Scheme 2005 (as amended 17.10.2008), Planning

i Scheme Policies and Local Laws

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

SCHEDULE 2 - EnvironmentalAssessment ManagerNo. Condition Timing2.1 All Structures to which this approval relates shall be maintained at At all times

all times -1. in a in a state of good repair;2. free of accumulated waste and disused materials; and3. shall be removed by the development holder if an

authorised Officer of Somerset Regional Council hasreason to form the opinion that they are unsightly or

detract from the visual amenity of the immediate area.

2.2 Light sources used in the carrying out of this approved At all timesdevelopment, must be positioned and shielded, when necessary,to prevent light spillage causing a nuisance to any other premisesoutside the boundaries of the development site.

SCHEDULE 3 - Advisory NotesNo. Advice3.1 This approval has effect in accordance with the provisions of Division 5 Section 339 of

the Sustainable Planning Act 2009 (SPA). [A copy of Section 339 will be enclosedwith Council's Decision Notíce]

3.2 In accordance with Division 5 Section 341(3) of the SPA the approved developmenthas a relevant period of 2 years.

3.3 Pursuant to Division 8 Section 461 of the Sustainable Planning Act 2009, theApplicant has the Right of Appeal to the Planning & Environment Court regardingany condition of this approval; another matter stated in the development approval andthe identification or inclusion of a code under section 242 of the 'Act'. [A copy of theRight of Appeal will be enclosed with the Decision Notice/

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Sustainable Planning Act 2009Chapter 7 Appeals, ORences and enforcement

Part 1 Planning and Environment Coult

(s458;

458 Privileges, protection and immunity

A person who is one of the following has the same privileges,protection or immunity as the person would have if theproceeding were in the District Court-

(a) the judgepresiding over the proceeding;

(b) a lawyer or agent appearing in the proceeding;

(c) a witness attending in the proceeding.

459 Payment of witnesses

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

460 Evidence of local planning instruments or master plans

(1) If a chief executive officer of a local government is satisfied adocument is a true copy of a local planning instrument ormaster plan, or a part of the local planning instrument or

master plan, in force for the local govemment at a time statedin the document, the chief executive officer may so certify thedocument.

(2) In a proceeding, a document certified under subsection (1) isadmissible in evidence as if it were the original local planninginstrument or master plan, or part of the instrument or plan.

Division 8 Appeals to court relating todevelopment applications andapprovals

461 Appeals by applicants

(1) An applicant for a development application may appeal to thecourt against any of the following-

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Sustainable Planning Act 2009Chapter 7 Appeals, offences and enforcementPart i Planning and Environment Court

\s462)

(a) the refusal, or the refusal in part, of the development

application;

(b) any condition of a development approval, another matter

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

(c) the decision to give a preliminary approval when a

development permit was applied for;

(d) the length of a period mentioned in section 341;

(e) a deemed refusal of the development application.

(2) An appeal under subsection (IXa), (b), (c) or (d) must be

started within 20 business days (the applicant's appeal

period)after-

(a) if a decision notice or negotiated decision notice is

given-4he day the decision notice or negotiateddecision notice is given to the applicant; or

(b) otherwise-the day a decision notice was required to be

given to the applicant.

(3) An appeal under subsection (lXe) may be started at any time

after the last day a decision on the matter should have been

made.

462 Appeals by submitters-general

(1) A submitter for a development application may appeal to thecourt only againet--

(a) the part of the approval relating to the assessment

manager's decision about any part of the applicationrequiring impact assessment under section 314; or

(b) the part of the approval relating to the assessment

manager's decision under section 327.

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

(a) the giving of a development approval;

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sustainaise Planning Act 2oooChapter 7 Appeals, onences and enforcement

Part 1 Planning and Environment Court

is 463]

(b) any provision of the approval including-

(i) a condition of, or lack of condition for, theapproval; or

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

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

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

(b) has given the assessment manager a notice under section339(lXbXii).

(4) The appeal must be started within 20 business days (thesa6ml#er's appeal period) af ter the decision notice or

negotiated decision notice is given to the submitter.

463 Additional and extended appeal rights for submitters forparticular development applications

(1) This section applies to a development application to whichchapter 9, part 7 applies.

(2) A submitter of a properly made submission for 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 msponse to the extent it relates to--

(a) if the prescribed concurrence agency is the chiefexecutive (environment)-development for an

aquacultural ERA; or

(b) if the prescribed concurrence agency is the chiefexecutive (fisheries)-developmentthat is-

(i) a material change of use of premises for

aquaculture; or

(ii) operational work that is the removal, damage or

destruction of a marine plant.

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Sustainable Planning Act 2009

Chapter 7 Appeals, ofiences and enfolcementPad 1 Planning and Enwhenment Court

ja464)

(4) Despite section 462(1), the submitter may appeal against thefollowing matters for the application even if the matters relateto code assessment-

(a) a decision about a matter mentioned in section 462(2) ifit is a decision of the chief executive (fisheries);

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

464 Appeals by advice agency submitters

(1) Subsection (2) applies if an advice agency, in its response foran 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 assessment under section 314; or

(b) any part of the approval relating to the assessment

manager's decision under section 327.

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

(4) However, if the advice agency has given the assessment

manager a notice under section 339(lXbXii), the adviceagency may not appeal the decision.

465 Appeals about decisions relating to extensions for

approvals

(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.

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Sustainable Planning Act 2009Chapter 7 Appeals, ollences and enlostament

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is 486)

(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.

466 Appeals about decisions relating to permissible changes

(1) Por a development approval given for a developmentapplication, the following persons may appeal to the courtagainst a decision on a request to make a permissible changeto the approvai-

(a) if the responsible entity for making the change is theassessment manager for the application-

(i) the person who made the request; or

(ii) an entity that gave a notice under section 373 or a

pre-request response notice about the request;

(b) if the responsible entity for making the change is a

concurrence agency for the application-the person 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 person who 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.

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Sustainable Planning Act 2009

Chapter 7 Appeals, offences and enforcementPart 1 Planning and Environment Court

[s 467|

467 Appeals about changing or cancelling conditionsimposed by assessment manager or concurrence agency

(1) A person to whom a notice under section 378(9)(b)giving a

decision to change or cancel a condition of a development

approval 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.

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 undersection 405(5)about a request for compliance assessment ofdevelopment, a document or work may appeal to the court

against the decision in the notice.

(2) The appeal must be started within 20 business days after the

notice is given to the person.

469 Appeals against condition imposed on compliancepermit or certificate

(1) A person who is given a compliance permit or compliancecertificate subjectto any conditions may appeal to the court

against 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.

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sustainame Planning Act 2009Chapter 7 Appeals, oNences and enforcement

Part 1 Planning and Environment Court

(a470]

470 Appeals against particular decisions about complianceassessment

(1) A person to whom any of the following notices have beengiven may appeal to the court against the decision in thenotice--

(a) a notice of a decision on a æquest to change or withdrawan action notice;

(b) a notice under section 413(2Xc)about a decision to

refuse a request to change a compliance permit or

compliance certificate.

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

Division 10 Appeals to court about othermatters

471 Appeal by appilcant for approval of a proposedmaster plan

(1) A person who has applied for an approval of a proposedmaster plan may appeal to the court against-

(a) the refusal, or the refusal in part, to give the approvat; or

(b) a matter stated in the notice of decision about theapplication; or

(c) a deemed refusal of the master plan application.

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

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

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