2019-06-11 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA    11 JUNE 2019




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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                                                    11 JUNE 2019

            4     mM      COUNCIL                            PLANNING ACT 2016 & PLANNING REGULATION 2017

     Chapter 6 Dispute resolution                                                   (3) The appellant or, for an appeal to a tribunal, the registrar must,
     Part 1 Appeal rights                                                               within the service period, give a copy of the notice of appeal to —
     229 Appeals to tribunal or P&E Court                                                (a) the respondent for the appeal; and
     (1) Schedule 1 of the Planning Act 2016 states —                                    (b) each co-respondent for the appeal; and
                                                                                         (c) foran appeal about a development application under schedule
         (a) Matters that may be appealed to —                                               1, table 1, item 1    — each principal submitter for the
              (i) either a tribunal or the P&E Court; or                                     development application; and
              (ii) only a tribunal; or                                                   (d) for and appeal about a change application under schedule 1,
              (iii) only the P&E Court; and                                                  table 1, item 2 — each principal submitter for the change
                                                                                             application; and
         (b) The person-                                                                 (e) each person who may elect to become a co-respondent for the
              (i) who may appeal a matter (the appellant); and                               appeal, other than an eligible submitter who is not a principal
              (ii) who is a respondent in an appeal of the matter; and                       submitter in an appeal under paragraph (c) or (d); and
              (iii), who is a co-respondent in an appeal of the matter; and              (f) for an appeal to the P&E Court — the chief executive; and
              (iv) who may elect to be a co-respondent in an appeal of the               (g) for an appeal to a tribunal under another Act — any other
                 matter.                                                                     person who the registrar considers appropriate.
     (2) An appellant may start an appeal within the appeal period.                 (4) The service period is —
                         lad ie —                                                        (a) if a submitter or advice agency started the appeal in the P&E
     (3) The appeal pertodis                                                                 Court — 2 business days after the appeal has started; or
         (a) for an appeal by a building advisory agency — 10 business                             .           .                          .
              days after a decision notice for the decision is given to the              (b) otherwise — 10 business days after the appeal is started.
              agency; or                                                            (5) A notice of appeal given to a person who may elect to be a co-
         (b) for an appeal against a deemed refusal — at any time after the              respondent must state the effect of subsection (6).
              deemed refusal happens; or                                            (6) A person elects to be a co-respondent by filing a notice of election,
         (c) for an appeal against a decision of the Minister, under chapter             in the  ee       ne within 10 business days after the notice of
              7, part 4, to register premises or to renew the registration of           appeal Is given fo  the person.
              premises — 20 business days after a notice us published under         231 Other appeals
              section 26ae a) or (8% or                                             (1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
         (d) for an appeal against an infrastructure charges notice — 20                the Supreme Court decides a decision or other matter under this
              business days after the infrastructure charges notice is given            Act is affected by jurisdictional error, the decision or matter is non-
              to the person; or                                                         appealable.
         (e) for an appeal about a deemed approval of a development                 (2) The Judicial Review Act 1991, part 5 applies to the decision or
              application for which a decision notice has not been given —               matter to the extent it is affected by jurisdictional error.
              30 business days after the applicant gives the deemed                                                      .
                          .                                                         (3) A person who, but for subsection (1) could have made an
              approval notice to the assessment manager, or                             application under the Judicial Review Act 1997 in relation to the
         (f)  for any other appeal — 20 business days after a notice of the             decision or matter, may apply under part 4 of that Act for a
              decision for the matter, including an enforcement notice, is              statement of reasons in relation to the decision or matter.
              given to the person.                                                  (4) In this section -
     Note —                                                                             decision includes-
         pared    P&E Court Act for the courts power to extend the appeal                (a) conduct engaged in for the purpose of making a decision; and
     (4) Each respondent and co-respondent for an appeal may be heard                    (b) other conduct that relates to the making of a decision; and
         in the appeal.                                                                  (c) the making of a decision or failure to make a decision; and
     (5) If an appeal is only about a referral agency's response, the                    (d) a purported decision; and
        assessment ieee my apply to the tribunal or P&E Court to                         (e) a deemed refusal.
     (6) To remove any doubt. It is declared that an appeal against an                  elton pealable, for a decision or matter, means the decision or
         infrastructure charges notice must not be about-
         (a) the adopted charge itself: or                                               (a) is final and conclusive; and
         (b) for a decision about an offset or refund-                                   (} may not ne chamenged : appecied against, reviewed, quached,
                                                                                             set aside or called into question in any other way under the
              (i) the establishment cost of trunk infrastructure identified in               Judicial Review Act 1991 or otherwise, whether by the
                  a LGIP; or                                                                 Supreme Court, another court, a tribunal or another entity; and
              (ii) the cost of infrastructure decided using the method                   (c) is not subject to any declaratory, injunctive or other order of
                  included in the local government's charges resolution.                     the Supreme Court, another court, a tribunal or another entity
                                                                                                         d.
     230 Notice of appeal                                                                    on any groun
     (1) An appellant starts an appeal by lodging, with the registrar of the        282 Rules of the P&E Court
         tribunal or P&E Court, a notice of appeal that-                            (1) A person who is appealing to the P&E Court must comply with the
         (a) is in the approved form; and                                                rules of the court that apply to the appeal.
         (b) succinctly states the grounds of the appeal.                           (2) However, the P&E Court may hear and decide an appeal even if
                 .                              .             .                         the person has not complied with the rules of the P&E Court
     (2) The notice of appeal must be accompanied by the required fee.

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