Assessment and Decision
The assessment manager follows specific legislation when assessing development applications. Once submitted, Council will assess, make a decision and advise an applicant whether their development application has been successful. For each development application, the Assessment Manager must:
- assess the application against all relevant stages, regional and local planning legislation; and
- consider all properly made submissions (where applicable).
Development applications are assessed against The Fraser Coast Planning Scheme 2014.
Development applications are determined by either:
- the full Council at an Ordinary Council Meeting; or
- by Council Officers under the delegation of Council.
How applicants are notified
Applicants receive a decision notice within five (5) business days of the decision being made.
Anyone who made a properly made submission also received notification of the decision.
If approved, the decision notice sets out the terms of the decision, appeal rights and conditions.
In the case of a refusal, the reasons for the refusal are provided.
After the appeal period is finalised, a "Statement of Reasons" will be posted on Council's PD Online website, which will provide the reasons for the decision made.
Change Representations/ Negotiated Decision Notice
The applicant has a 20 business day appeal period. The change representation must be lodged within 20 business days of suspending the appeal period. However, if the applicant needs more time to make the change representations, the applicant may, during the applicant’s appeal period for the approval, suspend the appeal period by a notice given to the assessment manager.
The written representations in the notice must state what parts of the decision notice the applicant wishes to change and why (for example, a condition of development). Although it cannot be regarding a matter about a concurrence agency’s response or a condition imposed under a direction made by the minister.
Council has 20 business days to amend the decision or refuse to amend the decision. The new legislation provides for this to be extended by agreement between the applicant and the assessment manager.
The negotiated decision notice replaces the decision notice for the development application.
Only one (1) negotiated decision notice may be given.
If a negotiated decision notice is given to an applicant, a local government may give a replacement infrastructure charges notice to the applicant.
Contact Council's Development and Planning Department on 1300 79 49 29 for further assistance.