Decision notice approval
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.
The Sustainable Planning Act 2009 is administered by the Department of Infrastructure and Planning, Queensland Government.
PP2_0034_43 (F) Version#1 11.12.09
Approval under s331 [tick applicable box]
This application
has or
Planning Act 2009 (SPA).
has not been deemed to be approved under section 331 of the Sustainable
1. Details of the approval
The following approvals are given: [tick applicable box/es]
Sustainable
Development Preliminary
Planning
Permit
Approval
Regulation
2009, schedule
3 reference
Carrying 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 out building work 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 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
Decision notice approval—Sustainable Planning Act 2009 s.335
Page 2
Sustainable
Development Preliminary
Planning
Permit
Approval
Regulation
2009, schedule
3 reference
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
Part 1, table 5,
item 2
- 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
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
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 3
Part 1, table 5,
item 4
Decision notice approval—Sustainable Planning Act 2009 s.335
Page 3
Sustainable
Development Preliminary
Planning
Permit
Approval
Regulation
2009, schedule
3 reference
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 SPA applies is given and 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
Decision notice approval—Sustainable Planning Act 2009 s.335
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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 works
Matters or things
Compliance assessor
When the request for
requiring compliance
against which the
compliance
assessment
document or work
assessment must be
must be assessed
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]
Name of principal submitter
Address
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]
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
Decision notice approval—Sustainable Planning Act 2009 s.335
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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 Address
or
concurrence
agency
[list aspect of development
requiring referral]
[advice agency [insert address for the
or concurrence referral agency]
agency, as
relevant]
[insert name of 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
Date
10. 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 Court against
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.
Decision notice approval—Sustainable Planning Act 2009 s.335
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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, see SPA, 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 2 is 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’s signature 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
Decision notice approval—Sustainable Planning Act 2009 s.335
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