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2021-09-07 Planning & Environment Committee Meeting Agenda
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 SEPTEMBER 2021
Page 104 of 143
ls _ NOOSA Appeal Rights
ha m CO l IOI F PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (2) The notice of appeal must be accompanied by the required fee.
Part 1 Appeal rights (3) The appellant or, for an appeal to a tribunal, the registrar must,
229 Appeals to tribunal or P&E Court within the service period, give a copy of the notice of appeal to —
(1) Schedule 1 of the Planning Act 2016 states - (a) the respondent for the appeal; and
(a) Matters that may be appealed to — (b) each co-respondent for the appeal; and
(i) either a tribunal or the P&E Court; or (c) for an appeal about a development application under schedule
7 1, table 1, item 1 - each principal submitter for the
(ii) only a tribunal; or development application; and
(iii), only the P&E Court; and (d) for and appeal about a change application under schedule 1,
(6) The person- table 1, item 2 — each principal submitter for the change
P application; and
(i) WHD biay:abRedl a tratter (the appellant) and (e) each person who may elect to become a co-respondent for the
(ii) whois a respondent in an appeal of the matter; and appeal, other than an eligible submitter who is not a principal
(iii) who is a co-respondent in an appeal of the matter; and submitter in an appeal under paragraph (c) or (d); and
(iv) who may elect to be a co-respondent in an appeal of the (f) for an appeal to the P&E Court —the chief executive; and
matter. (g) for an appeal to a tribunal under another Act — any other
(2) An appellant may start an appeal within the appeal period. pefsan whe ine registrar corisiders appropiate:
(3) The appeal period is — (4) The service period is —
ae : ; (a) ifa submitter or advice agency started the appeal in the P&E
(a) for an appeal by a building advisory agency — 10 business hi .
days after a decision notice for the decision is given to the Court 2 business daysiaitertherappeal.has stared or
agency; or (b) otherwise — 10 business days after the appeal is started.
(b) for an appeal against a deemed refusal — at any time after the (5) A notice of appeal given to a person who may elect to be a co-
deemed refusal happens; or respondent must state the effect of subsection (6).
(c) for an appeal against a decision of the Minister, under chapter (6) A person elects to be a co-respondent by filing a notice of election,
7, part 4, to register premises or to renew the registration of in the approved form, within 10 business days after the notice of
premises — 20 business days after a notice us published under appeal is given to the person.
section 269(3)(a) or (4); or 231 Other appeals
(9) for an appeal Against an infrastructure charges notice - i200 (1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
business days after the infrastructure charges notice is given the Si Court:decid deste: th tt der thi
fothe petson: oF ¢ Supreme Court decides a decision or other matter under this
, Act is affected by jurisdictional error, the decision or matter is non-
(e) for an appeal about a deemed approval of a development appealable.
appycation for qihich a decision notice has not been en (2) The Judicial Review Act 1991, part 5 applies to the decision or
approval notice rs the aaouesaiient Hamdden ie matter to the extent it is affected by jurisdictional error.
= : : (3) A person who, but for subsection (1) could have made an
® i: Noe aa Si fe gS ll wees sae application under the Judicial Review Act 1991 in relation to the
Wwan'te the person 9 : decision or matter, may apply under part 4 of that Act for a
9 p . statement of reasons in relation to the decision or matter.
Nole= (4) In this section —
See the P&E Court Act for the court’s power fo extend the appeal z
period. decision includes-
(4) Each respondent and co-respondent for an appeal may be heard (a) eonductengaged.in fortheipurpase:ofmaking adecision;and
in the appeal. (b) other conduct that relates to the making of a decision; and
(5) If an appeal is only about a referral agency’s response, the (c) the making ofa decision or failure to make a decision; and
assessment manager may apply to the tribunal or P&E Court to d rted decision: and
withdraw from the appeal. (2) sipurporteddecisionzan
(6) To remove any doubt. It is declared that an appeal against an (6) a:deemed refusal,
infrastructure charges notice must not be about- non-appealable, for a decision or matter, means the decision or
(a) the adopted charge itself; or nveiters
(b) fora decision about an offset or refund- (a) isfinal_andconclusivenand
(i) the establishment cost of trunk infrastructure identified in (b) may we oe challenged, appealed against, reviewed quastied;
a LGIP: or set aside or called into question in any other way under the
, Judicial Review Act 1991 or otherwise, whether by the
(ii) the cost of infrastructure decided using the method Supreme Court, another court, a tribunal or another entity; and
included in the local government's charges resolution. ; - a ;
(c) is not subject to any declaratory, injunctive or other order of
230 Notice of appeal the Supreme Court, another court, a tribunal or another entity
(1) An appellant starts an appeal by lodging, with the registrar of the on any ground.
tribunal or P&E Court, a notice of appeal that- 232 Rules of the P&E Court
(a) isin the approved form; and (1) A person who is appealing to the P&E Court must comply with the
(b) succinctly states the grounds of the appeal. tules of thes coun shalapaly:oune- appeal.
Page 8 of 9
Document Set ID: 21528344 g
Version: 6, Version Date: 21/07/2021
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