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

                                                                                                  2005/698

(b) a notice under section 6.1.442 giving a decision to      (c) the decision to give a preliminary approval when a
    change or cancel a condition of a development                  development permit was applied for;
    approval.                                                (d) the length of a period mentioned in section 3.5.21
    (2) The appeal must be started within 20 business              relevant period;
       days after the day the notice of the decision is      (e) a deemed refusal.
       given to the person.
                                                                 (2) An appeal under subsection (1)(a) to (d) must be
    (3) Also, a person who has made a request                started within 20 business days (the “applicant’s appeal
       mentioned in subsection (1)(a) may appeal to the      period”) after the day the decision notice or negotiated
       court against a deemed refusal of the request.        decision notice is given to the applicant.
    (4) An appeal under subsection (3) may be started at         (3) An appeal under subsection (1)(e) may be started
       any time after the last day the decision on the       at any time after the last day a decision on the matter
       matter should have been made.                         should have been made.
Appeals against decisions to change approval conditions      The Registrar for the Building and Development
under the repealed Act                                       Tribunal may be contacted at the website
4.1.33A.(1) A person who is dissatisfied with a decision     http://www.localgovernment.qld.gov.au/
made on an application to change the conditions
attached to an approval given under section 2.19(3)or        For Infrastructure Charges Only
section 4.4 of the repealed Act may appeal to the court      4.1.36 Appeals about particular infrastructure
against-                                                     charges
(a) the decision; or                                         (1) This section applies to a person who has been
(b) a deemed refusal of the application.                     given, and is dissatisfied with, an infrastructure charges
                                                             notice or a regulated State infrastructure charges notice.
    (2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of      (2) The person may appeal to the court against the
the decision is to be given to the person.                   notice.
    (3) An appeal under subsection (1)(b) may be started     (3) The appeal must be started within 20 business days
at any time after the last day a decision on the matter      after-
should have been made.                                       (a) if the notice is given because of a development
Appeals against local laws                                        approval or master plan approval-the day the
                                                                  applicant is given notice of the decision about the
4.1.33B.(1) An applicant who is dissatisfied with a
                                                                  approval; or
decision of a local government or the conditions applied
under a local law about the use of premises or the           (b)    otherwise-the day the notice is given to the person.
erection of a building or other structure permitted by the   (4)    An appeal under this section may only be about-
planning scheme may appeal to the court against the
                                                             (a) whether a charge in the notice is so unreasonable
decision or the conditions applied.                              that no reasonable relevant local government, State
    (2) The appeal must be started within 20 business            infrastructure provider or coordinating agency could
days after the day notice of the decision is given to the        have imposed it; or
applicant.
                                                             (b) an error in the calculation of the charge.
For Building Works Only                                      (5) To remove any doubt, it is declared that an appeal
Rights of appeal conferred by Section 4.2.9 of the           under this section can not be about the methodology
Integrated Planning Act 1997 as follows:                     used to establish the charge in the relevant infrastructure
Division 3 – Appeals to tribunals relating to                charges schedule or regulated State infrastructure
development applications                                     charges schedule.
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) 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;3


2
   Section 6.1.44 (Conditions may be changed or
  cancelled by assessment manager or concurrence
  agency in certain circumstances)
3
  Section 3.1.6 (Preliminary approval may override local
  planning instrument)
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2005/698

 

(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 repealed 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) 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 is 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 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 local government or the conditions applied
under a local law about the use of premises 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 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;°

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

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

(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 (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://www.localgovernment.qlid.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 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 could
have imposed it; or

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

(5) To remove 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.

Page 7 of 7