Decision Notice - Change to an Existing Approval - 010.2008.00000610.002 [As Published] · 142008.610.02

                                                                                                    2008/610


                                                    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development applications                                        notification under the repealed Act.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
                                                                      assessment manager to treat its response to the
    (2) An appeal under subsection (1)(a) to (d) must                 application as a submission for an appeal.
be started within 20 business days (the “applicant’s
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
                                                                decision notice is given to the advice agency as a
    (3) An appeal under subsection (1)(e) may be                submitter.
started at any time after the last day a decision on the
matter should have been made.                                   Appeals for matters arising after approval given
                                                                (co-respondents)
Appeals by submitters
                                                                4.1.30.(1) For a development approval given for a
4.1.28.(1) A submitter for a development application            development application, a person to whom any of the
may appeal to the court about-                                  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             (a) a notice giving a decision on a request for
    provisions of the approval; or                                    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                   (2) The appeal must be started within 20 business
the decision notice or negotiated decision notice is            days after the day the notice of the decision is given
given to the submitter.                                         to the person.
    (3) If a person withdraws a submission before the                 (3) Subsection (1)(a) does not apply if the
application is decided, the person may not appeal the           approval resulted from a development application
decision.                                                       (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                     (4) Also, a person who has made a request
application involving impact assessment.                        mentioned in subsection (1) may appeal to the court
                                                                against a deemed refusal of the request.
1
                                                                      (5) An appeal under subsection (4) may be started
    Section 3.1.6 (Preliminary approval may override local      at any time after the last day the decision on the
    planning instrument)                                        matter should have been made.
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2008/610

 

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 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.

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 currency 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.

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

(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.

(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 currency 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.

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