Decision Refusal - The Department of State Development

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Decision notice refusal
Sustainable Planning Act 2009 s.335
[file reference]
[contact name]
[contact number]
[date]
[applicant’s name]
[applicant’s address]
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
the above development application was refused.
[date of decision],
1. Referral agencies [strike out if not applicable to the application]
The referral agencies for this application are:
Name of referral agency
Address
2. Direction to refuse [tick applicable box or strike out whichever is not applicable]
The assessment manager was not directed to refuse the application by a concurrence agency or
The assessment manager was directed to refuse the application by [insert name of concurrence
agency/agencies]. The refusal is solely because of the direction of this concurrence agency/these
concurrence agencies or
The Sustainable Planning Act 2009 is administered by the Department of Infrastructure and Planning, Queensland Government.
PP2_0034_43 (I) Version#1 15.12.09
The assessment manager was directed to refuse the application by [insert concurrence
agency/agencies]. The refusal is supported by the assessment manager or
3. Conflict with a relevant instrument and reasons for the decision despite the conflict
[tick applicable box or strike out if not applicable to the application]
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]
Details of the conflict with the relevant
instrument
Reason for the decision, including a statement about the
sufficient grounds to justify the decision despite the
conflict
4. Reasons for the refusal
The reasons for refusal are
5. Submissions [strike out if not applicable to the application]
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]
Decision notice refusal—Sustainable Planning Act 2009 s.335
Page 2
Name of principal submitter
Address
1.
2.
3.
4.
5.
6.
6. Appeal rights
Appeals by applicants
An applicant for a development application may appeal to the Planning and Environment Court against
the following:

the refusal, or refusal in part of the development application

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 the SPA.
Applicants may also have a right to appeal to the Building and Development Dispute Resolution
Committee. For more details, see the SPA, chapter 7, part 2. Attachment 2 is an extract from the SPA
which details the applicant’s appeal rights.
If you wish to discuss this matter further, please contact me on the above telephone number.
Yours sincerely
[delegate’s signature and date]
[assessment manager’s name/private certifiers name]
cc: Referral agency/agencies and principal submitters/s [if applicable to the application]
Decision notice refusal—Sustainable Planning Act 2009 s.335
Page 3
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