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

2009/1689

 

Division 9 - Appeals to court about other matters

Appeals for matters arising atter approval given
(no Co-respondents)

4.1.31.(1) A person to whom any of the following
Notices have been given may appeal to the court
against the decision In the notice-

{a) a notice giving a decision on @ 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 cance] 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

4.1,334.(1) A person who fs 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section 2.19(3)or section 4,4 of the repealed Act may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) the 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 js to be given to the person.

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

Appeals against local laws

4.1.33B.(1) An applicant who is dissatisfied with a
decision of a tocat government or the conditions
applied under a local law about the use of pramises or
the erection of a building or other structure permitted
by the planning scheme may appeal to the court
against the decision or the conditions applied,

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

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 fallowing-

a. —_,

? Section 6.1.44 (Conditions may be changed or
cancelled by assessment Manager or concurrence
agericy In certain circumstances)

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

(b) a matier stated in a development approval,
including any condition applying {to the
development, and the identification of a code
under section 3.1.62

(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;

(@) a deémed refusal,

(2) An appeal under subsection (1)(a) to (d) must
be started within 20 business days (the “applicant's
appeal period”) after the Gay 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, .

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

http:/iwww.localgovernment.qld.qov.aul
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 Siate infrastructure
charges notice,

(2) The person may appeal to the court against the

notice,

(3) The appeal must be started within 20 business

days after-

(a) if the notice is given because of a development
approval or master plan approval-the day the
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 section 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 coutd have imposed it; or

(b) an error in'tha calculation of the charge.

(5) To remove any doubt, it is declared that an

appeal under this section can not ba about the

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

State infrastructure charges schedule,

a. —_,_-

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

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