Decision Notice - Refusal - Includes copy to Referral Agencies - DERM [As Published] · 152006.1999

                                                                                             2006/1999


                                               Appeal Rights
                                               INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




The following is an extract from the Integrated            (b) a matter stated in a development approval,
Planning Act (Chapter 4).                                      including any condition applying to the
                                                               development, and the identification of a code
Division 8 - Appeals to court relating to                      under section 3.1.6;
                                                                                    2

development applications
                                                           (c) the decision to give a preliminary approval when
Appeals by applicants                                          a development permit was applied for;
4.1.27.(1) An applicant for a development                  (d) the length of a period mentioned in section
application may appeal to the court against any of             3.5.21 currency period;
the following-
                                                           (e) a deemed refusal.
(a) the refusal, or the refusal in part, of a
                                                               (2) An appeal under subsection (1)(a) to (d)
    development application;
                                                           must be started within 20 business days (the
(b) a matter stated in a development approval,             “applicant’s appeal period”) after the day the
    including any condition applying to the                decision notice or negotiated decision notice is
    development, and the identification of a code          given to the applicant.
                         1
    under section 3.1.6;
                                                               (3) An appeal under subsection (1)(e) may be
(c) the decision to give a preliminary approval when       started at any time after the last day a decision on
    a development permit was applied for;                  the matter should have been made.
(d) the length of a currency period;                       The Registrar for the Building and Development
(e) a deemed refusal.                                      Tribunal may be contacted at the website
    (2) An appeal under subsection (1)(a) to (d)           http://www.localgovernment.qld.gov.au/
must be started within 20 business days (the
“applicant’s appeal period”) after the day the
decision notice or negotiated decision notice is
given to the applicant.
    (3) An appeal under subsection (1)(e) may be
started at any time after the last day a decision on
the matter should have been made.
For Building Works Only
Rights of appeal conferred by Section 4.2.9 of the
Integrated Planning Act 1997 as follows:
Division 3 – Appeals to tribunals relating to
development applications
Appeals by applicants
4.2.9(1) An applicant for a development application
may appeal to the Building and Development
Tribunal against any of the following-
(a) the refusal, or the refusal in part, of a
    development application;




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     Section 3.1.6 (Preliminary approval may override           Section 3.1.6 (Preliminary approval may override
    local planning instrument)                                 local planning instrument)
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