Decision Notice

13. Appeal rights

The rights of an applicant to appeal to a tribunal or the Planning and Environment Court against a decision about a development
application are set out in chapter 6, part 1 of the Planning Act 2016. For particular applications, there may also be a right to make
an application for a declaration by a tribunal (see chapter 6, part 2 of the Planning Act 2016).

Appeal by an applicant

An applicant for a development application may appeal to the Planning and Environment Court against the following:

the refusal of all or part of the development application

a provision of the development approval

the decision to give a preliminary approval when a development permit was applied for
a deemed refusal of the development application.

An applicant may also have a right to appeal to the Development tribunal. For more information, see schedule 1 of the Planning
Act 2016.

Appeal by a submitter
A submitter for a development application may appeal to the Planning and Environment Court against:

® any part of the development application for the development approval that required impactassessment
® a variation request.

The timeframes for starting an appeal in the Planning and Environment Court are set out in section 229 of the

 

Planning Act 2016.
Attachment 2 is an extract from the Planning Act 2016 that sets down the applicant's appeal rights and the appeal rights of a
submitter.
REFER TO PERMIT CONDITIONS ATTACHED
SBA2017-2468 Page 3

Planning Act Form 2 — Decision notice (approval)
Version 1.0—3 July 2017