Decision Letter - Change to an Existing Approval - 010.2005.00000698.003 [As Published]

                                                                                                           2005/698



                                                        Appeal Rights
                                                        INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




The following is an extract from the Integrated                         (6) If an application involves assessment against a
Planning Act (Chapter 4).                                           concurrence agency code, appeal rights for submitters
                                                                    for the application are not available against the part of
Division 8 - Appeals to court relating to                           the approval that represents the concurrence agency’s
development applications                                            response for the code.
Appeals by applicants                                               Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application               4.1.29.(1) An advice agency may, within the limits of its
may appeal to the court against any of the following-               jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development           development approval for a development application if-
      application;                                                  (a) the development      application    involves   impact
(b) a matter stated in a development approval, including               assessment; and
      any condition applying to the development, and the            (b) the advice agency told the applicant and the
      identification of a code under section 3.1.6;1                   assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a                 application as a submission for an appeal.
      development permit was applied for;                              (2) The appeal must be started within 20 business
(d) the length of a relevant period;                                days after the day the decision notice or negotiated
                                                                    decision notice is given to the advice agency as a
(e) a deemed refusal.
                                                                    submitter.
    (2) An appeal under subsection (1)(a) to (d) must be
started within 20 business days (the “applicant’s appeal
                                                                    Appeals for matters arising after approval given
period”) after the day the decision notice or negotiated            (co-respondents)
decision notice is given to the applicant.                          4.1.30.(1) For a development approval given for a
    (3) An appeal under subsection (1)(e) may be started            development application, a person to whom any of the
at any time after the last day a decision on the matter             following notices have been given may appeal to the
should have been made.                                              court against the decision in the notice-
Appeals by submitters                                               (a) a notice giving a decision on a request for extension
                                                                       of the relevant period for an approval;
4.1.28.(1) A submitter for a development application may
appeal to the court about-                                          (b) a notice giving a decision on a request to make a
                                                                       minor change to an approval.
(a) the giving of a development approval, including any
      conditions (or lack of conditions) or other provisions            (2) The appeal must be started within 20 business
      of the approval; or                                           days after the day the notice of the decision is given to
                                                                    the person.
(b) the length of a relevant period for the approval.
                                                                        (3) Subsection (1)(a) does not apply if the approval
    (2) The appeal must be started within 20 business               resulted from a development application (superseded
days (the “submitters appeal period”) after the day the             planning scheme) that was assessed as if it were an
decision notice or negotiated decision notice is given to           application under a superseded planning scheme.
the submitter.
                                                                       (4) Also, a person who has made a request
    (3) If a person withdraws a submission before the               mentioned in subsection (1) may appeal to the court
application is decided, the person may not appeal the               against a deemed refusal of the request.
decision.
                                                                       (5) An appeal under subsection (4) may be started at
    (4) If an application involves both impact assessment
                                                                    any time after the last day the decision on the matter
and code assessment, appeal rights for submitters are
                                                                    should have been made.
available only for the part of the application involving
impact assessment.                                                  Division 9 - Appeals to court about other matters
    (5) If an application is processed under section                Appeals for matters arising after approval given
6.1.28(2), appeal rights for submitters for the application         (no co-respondents)
are available only for the aspects of the development that          4.1.31.(1) A person to whom any of the following notices
would have required public notification under the                   have been given may appeal to the court against the
repealed Act.                                                       decision in the notice-
                                                                    (a) a notice giving a decision on a request to change or
                                                                       cancel a condition of a development approval.
1
    Section 3.1.6 (Preliminary approval may override local
    planning instrument)
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2005/698

 

Sunshine Coast — Appeal Rights

INTEGRATED PLANNING ACT 1997 & 1998 REGULATION

The following is an extract from the Integrated
Planning Act (Chapter 4).

Division 8 - Appeals to court relating to
development applications

Appeals by applicants

4.1.27.(1) 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 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 (1)(e) may be started
at any time after the last day a decision on the matter
should have been made.

Appeals by submitters

4.1.28.(1) A submitter for a development application may
appeal to the court about-

(a) the giving of a development approval, including any
conditions (or lack of conditions) or other provisions
of the approval; or

(b) the length of a relevant period for the approval.

(2) The appeal must be started within 20 business
days (the “submitters appeal period”) after the day the
decision notice or negotiated decision notice is given to
the submitter.

(3) If a person withdraws a submission before the
application is decided, the person may not appeal the
decision.

(4) If an application involves both impact assessment
and code assessment, appeal rights for submitters are
available only for the part of the application involving
impact assessment.

(5) If an application is processed under section
6.1.28(2), appeal rights for submitters for the application
are available only for the aspects of the development that
would have required public notification under the
repealed Act.

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

(6) If an application involves assessment against a
concurrence agency code, appeal rights for submitters
for the application are not available against the part of
the approval that represents the concurrence agency's
response for the code.

Appeals by advice agency submitters

4.1.29.(1) An advice agency may, within the limits of its
jurisdiction, appeal to the court about the giving of a
development approval for a development application if-

(a) the development application involves impact
assessment; and

(b) the advice agency told the applicant and the
assessment manager to treat its response to the
application as a submission for an appeal.

(2) The appeal must be started within 20 business
days after the day the decision notice or negotiated
decision notice is given to the advice agency as a
submitter.

Appeals for matters arising after approval given
(co-respondents)

4.1.30.(1) For a development approval given for a
development application, 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 a request for extension
of the relevant period for an approval;

(b) a notice giving a decision on a request to make a
minor change to an 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) Subsection (1)(a) does not apply if the approval
resulted from a development application (superseded
planning scheme) that was assessed as if it were an
application under a superseded planning scheme.

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

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

Division 9 - Appeals to court about other matters

Appeals for matters arising after 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 a request to change or
cancel a condition of a development approval.

Page 6 of 7