10/0662 - Operational Works [As Published] · 142010.662

2009/1689

 

Division 9 - Appeals to court about other matters

Appeals for matters arising after approval given
(no co-respondents)

41.31.41} A person to whom any of the following
notices have been given may appeal to the court
agalnst the decision in the notice-

(a) a notice giving a decision on a request to change
or cancel a condition of a development approval.

(b} a notice under section 6.1.44" giving a decision to
change or cancel a condition of a development
approval.

(2) The appeal must be started within 20
business days after the day the notice of the decision
is given to the person.

(3) Also, a person who has made a request
mentioned In subsection (1)(a) may appeal to the
court against a deemed refusal of the request.

(4) An appeal under subsection {3) may be
Started at any time after the last day the decision on
the matter should have been made.

Appeals against decisions to change approval
conditions under the repeated Act

4.1.33A.(1} A person who is dissatisfied with a
decision made on an application to change the
conditions attached to an approval given under
Section 2.19(3}or section 4.4 of the repealed Act may
appeal to the court against-

(a) lhe decision; or
(b) a deemed refusal of the application.
{2) An appeal under subsection (1){a) must be

started within 20 business days after the day notice of
the decision |s to be given to the person.

(3) An appeal under subsection (1)(b) may be
Started at any tIme after the last day a decision en the
matter should have been made.

Appeals against local laws

4.1.33B.(1) An applicant who Is dissatisfied with a
decision of a local government or the conditions
appiied under a local law about ihe use of premises or
the erection of a building or other siruciure permitled
by the planning scheme may appeaf to the court
against the decision or the conditions applied.

(2) The appeal must be started within 20 business

days after ine day notice of ihe decision is given to the
applicant.

For Bullding Works Only

Rights of appeal conferred by Section 4.2.9 of the
integrated Planning Act 1997 as follows.

Division 3 - Appeats 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. -_

* Section 6.1.44 (Conditions may be changed or
cancelled by assessment manager or concurrence
agency in certain circumstances)

{a) the refusal, or the refusal in part, of a development
application;

(b) a matter stated in a development approval,
including any — condilion applying to the
development, and the Identification of a code
under section 3.1.6;7

{c) the decision to give a preliminary approval when a
development permit was applied for;

(d} the length of a period mentioned in section 3.5.21
relevant period;
(e) a deemed refusal.

(2) An appeal under subsection (1)(a) to (d) 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 (1Xe) may be
started ai any time after the last day a decision on the
matter should have been made.

The Registrar for the Building and Development
Tribunal may be contacted at the website

htte:/www.localgovernment.gid.gov.au/ =

For Infrastructure Charges Only

4.1.36 Appeals about particular infrastructure

charges

{1} This section applies to a person who has been

given, and Is dissatisfied with, an Infrastructure

charges notice or a regulated State infrastructure

charges notice.

(2) The person may appeal to the court against the -
notice,

(3) The appeat must ba started within 20 business
days after-

(a) if the notice Is given because of a development
@pproval or master plan approval-the day (he
applicant is given notice of the decision about the
approval; or

{b) otherwise-the day the notice is given to the
person.

(4) An appeal under this seclion may only be about-

(a) whether a charge in the notice is so
unreasonable that no reasonable relevant local
government, State infrastructure provider or
coordinating agency could have imposed it; or

(0) an error in the calculation of the charge.

(5) To remova any doubt. it is declared that an
appeal under this section can not be about the

methodology used to establish the charge in the
relevant infrastructure charges schedule or regulated ‘
State infrastructure charges schedule.

a. —_

’ Section 3.1.6 (Preliminary approval may override
local planning Instrument}

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