2021-09-07 Planning & Environment Committee Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   7 SEPTEMBER 2021




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|      ql       NOOSA                              Appeal Rights
                   ha       Fl         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                                                AS) WHeiesponderittrontheiappeal Fahd
                 (1)  Schedule 1 of the Planning Act 2016 states —                                   (b) each co-respondent for the appeal:cand
                                                          _                                          (c) for an appeal about a development application under schedule
                      (2). \Maltersithal may:pe.appeaied 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) whois a respondent in an appeal of the matter; and                        submitter in‘an appeal under paragraph (c) or:(d); and
                          (iii) whois a co-respondent in an appeal of the matter; and                4)  foranzprealitathe REE Gourtthe chlehexeoutlyenand
                          (iv) who may elect to be a co-respondent in an appeal of the               (9) for an sae elreaetonowielderogumetrste:           en eottey
                              matter.                                                                    P                 9                 Prop      .
                 (2) An appellant may start an appeal within the appeal period.                  (4) Theiseniceperiags—
                 8) “Hsp pestis                                                                      © Cour      2 business days afer the appeal has darted: 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             respondentimust:state.the:effact:of:subssction:(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            - aes eee a SS        mee Tosbusiness days altecMie:nouce:ot
                          7, part 4, to register premises or to renew the registration of             PP      g           P      .
                          premises — 20 business days after a notice us published under          231 Other appeals
                          Section 269(3)(a) or (4); 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 1997, 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.
                          ° bnafnee Sopag Bier Me appl ean oer the deemed                        (3) A person who, but for subsection (1) could have made an
                           PP                                    ger,                                application under the Judicial Review Act 1991 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 —See the P&E Court Act for the court's power to extend the appeal              decision includes-
                         period.                                                                     (a) conduct engaged in for the purpose of making a decision; and
                (4) mca nl             and eo:respendent for. an appealimay)be heard                 (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) a purported decision; and
                      withdraw from the appeal.
                                                                                                     (e) a deemed refusal.
                 6) ie remove! ally Aoubt e is declared that an ‘appeal’ against’ an                 non-appealable, for a decision or matter, means the decision or
                      infrastructure charges notice must not be about-                               matter
                      (a) the adopted charge itself; or                                              (a) is final and conclusive: and
                      (G}: “fora dectsionzabout amoffset orretunds                                   (b) may not be challenged, appealed against, reviewed, quashed,
                          (i) the establishment cost of trunk infrastructure identified in               set aside or called into question in any other way under the
                              a LGIP; or                                                                 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.                 (c) is not subject to any declaratory, injunctive or other order of
                 230 Notice of appeal                                                                         eo             another court, a tribunal or another entity
                 (1) An appellant starts an appeal by lodging, with the registrar of the
                      tribunal or P&E Court, a notice of appeal that-                            232 Rulesiobthe: P&E (Court
                          id                    .                                                (1) A person who is appealing to the P&E Court must comply with the
                      (2). is.initherapproved formyand                                               rules of the court that apply to the appeal.
                      (b) succinctly states the grounds of the appeal.
                             :                               :             7                     (2) However, the P&E Court may hear and decide an appeal even if
                 (2) The notice of appeal must be accompanied by the required fee.                   the person has not complied with the rules of the P&E Court

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Document Set ID: 21502522                                                                                                                             g
Version: 5, Version Date: 23/06/2021

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