20080490 - Decision Notice [As Published] · 112008.490

EXTRACT FROM THE INTEGRATED PLANNING ACT 1997

Appeals by Applicants
4.1.27
dd) An applicant for a development application may appeal to the court against any of the
following :-
(a) the refusal, or the refusal in part, of a development application;
(b) a matter stated in a development approval, including any condition applying
to the development, and the identification of a code under section 3.1.6,
(c) the decision to give a preliminary approval when a development permit was
applied for;
(d) the length of a currency 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 (1) (e) may be started at any time after the last day a
decision on the matter should have been made.
4.2.9.

(1) An applicant for a development application may appeal to a tribunal against any of
the following :-

(a) the refusal, or the refusal in part, of a development application;
(b) a matter stated in a development approval, including any condition applying
to the development, but not including the identification of a code under

section 3.1.6, *

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

(d) the length of a currency 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 (1) (e) may be started at any time after the last day a
decision on the matter should have been made.

Appeal by advice agency
4.2.10.

(1) An advice agency may, within the limits of its jurisdiction, appeal to a tribunal about
the giving of a development approval if the development application involves code
assessment for the aspect of building work to be assessed against the Building Act
1975.

The appeal must be started within 10 business days after the day the decision notice
or negotiated decision notice is given to the advice agency.

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