Decision Notice - Change to an Existing Approval [As Published] · 132003.220735.7

                                                                                                2003/220735



                                                    Appeal Rights
                                                    INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




The following is an extract from the Integrated                       (5) If an application is processed under section
Planning Act (Chapter 4).                                       6.1.28(2), appeal rights for submitters for the
                                                                application are available only for the aspects of the
Division 8 - Appeals to court relating to
                                                                development that would have required public
development applications
                                                                notification under the repealed Act.
Appeals by applicants
                                                                      (6) If an application involves assessment against a
4.1.27.(1) An applicant for a development application           concurrence agency code, appeal rights for
may appeal to the court against any of the following-           submitters for the application are not available against
(a) the refusal, or the refusal in part, of a development       the part of the approval that represents the
    application;                                                concurrence agency’s response for the code.
(b) a matter stated in a development approval,                  Appeals by advice agency submitters
    including any condition applying to the                     4.1.29.(1) An advice agency may, within the limits of
    development, and the identification of a code               its jurisdiction, appeal to the court about the giving of
                          1
    under section 3.1.6;                                        a development approval for a development
(c) the decision to give a preliminary approval when a          application if-
    development permit was applied for;                         (a) the development application involves impact
(d) the length of a currency period;                                  assessment; and
(e) a deemed refusal.                                           (b) the advice agency told the applicant and the
    (2) An appeal under subsection (1)(a) to (d) must                 assessment manager to treat its response to the
be started within 20 business days (the “applicant’s                  application as a submission for an appeal.
appeal period”) after the day the decision notice or                  (2) The appeal must be started within 20 business
negotiated decision notice is given to the applicant.           days after the day the decision notice or negotiated
    (3) An appeal under subsection (1)(e) may be                decision notice is given to the advice agency as a
started at any time after the last day a decision on the        submitter.
matter should have been made.                                   Appeals for matters arising after approval given
Appeals by submitters                                           (co-respondents)
4.1.28.(1) A submitter for a development application            4.1.30.(1) For a development approval given for a
may appeal to the court about-                                  development application, a person to whom any of the
                                                                following notices have been given may appeal to the
(a) the giving of a development approval, including             court against the decision in the notice-
    any conditions (or lack of conditions) or other
    provisions of the approval; or                              (a) a notice giving a decision on a request for
                                                                      extension of the currency period for an approval;
(b) the length of a currency period for the approval.
                                                                (b) a notice giving a decision on a request to make a
    (2) The appeal must be started within 20 business                 minor change to an approval.
days (the “submitters appeal period”) after the day
the decision notice or negotiated decision notice is                  (2) The appeal must be started within 20 business
given to the submitter.                                         days after the day the notice of the decision is given
                                                                to the person.
    (3) If a person withdraws a submission before the
application is decided, the person may not appeal the                 (3) Subsection (1)(a) does not apply if the
decision.                                                       approval resulted from a development application
                                                                (superseded planning scheme) that was assessed as
    (4) If an application involves both impact                  if it were an application under a superseded planning
assessment and code assessment, appeal rights for               scheme.
submitters are available only for the part of the
application involving impact assessment.                              (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
1
    Section 3.1.6 (Preliminary approval may override local      matter should have been made.
    planning instrument)
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