Decision Notice MCU170510

                                                               Appeal Rights
                                                               PLANNING ACT 2016 & PLANNING REGULATION 2017




Chapter 6 Dispute resolution                                                   (3) The appellant or, for an appeal to a tribunal, the registrar must,
                                                                                   within the service period, give a copy of the notice of appeal to –
Part 1 Appeal rights
                                                                                   (a) the respondent for the appeal; and
228 Appeals to tribunal or P&E Court
                                                                                   (b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
                                                                                   (c) for an 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,
                                                                                       table 1, item 2 – each principal submitter for the change
          (iii) only the P&E Court; and
                                                                                       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
                                                                                       submitter in an appeal under paragraph (c) or (d); and
          (ii) who is a respondent in an appeal of the matter; and
                                                                                   (f)   for an appeal to the P&E Court – the chief executive; and
          (iii) who is a co-respondent in an appeal of the matter; and
                                                                                   (g) for an appeal to a tribunal under another Act – any other
          (iv) who may elect to be a co-respondent in an appeal of the
                                                                                       person who the registrar considers appropriate.
               matter.
                                                                               (4) The service period is –
(Refer to Schedule 1 of the Planning Act 2016)
                                                                                   (a) if a submitter or advice agency started the appeal in the P&E
(2) An appellant may start an appeal within the appeal period.
                                                                                       Court – 2 business days after the appeal has started; or
(3) The appeal period is –
                                                                                   (b) otherwise – 10 business days after the appeal is started.
    (a) for an appeal by a building advisory agency – 10 business
                                                                               (5) A notice of appeal given to a person who may elect to be a co-
        days after a decision notice for the decision is given to the
                                                                                   respondent must state the effect of subsection (6).
        agency; or
                                                                               (6) A person elects to be a co-respondent by filing a notice of election,
    (b) for an appeal against a deemed refusal – at any time after the
                                                                                   in the approved form, within 10 business days after the notice of
        deemed refusal happens; or
                                                                                   appeal is given to the person.
    (c) for an appeal against a decision of the Minister, under chapter
                                                                               230 Other appeals
        7, part 4, to register premises or to renew the registration of
        premises – 20 business days after a notice us published under          (1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
        section 269(3)(a) or (4); or                                               the Supreme Court decides a decision or other matter under this
                                                                                   Act is affected by jurisdictional error, the decision or matter is non-
    (d) for an appeal against an infrastructure charges notice – 20
                                                                                   appealable.
        business days after the infrastructure charges notice is given
        to the person; or                                                      (2) The Judicial Review Act 1991, part 5 applies to the decision or
                                                                                   matter to the extent it is affected by jurisdictional error.
    (e) for an appeal about a deemed approval of a development
        application for which a decision notice has not been given –           (3) A person who, but for subsection (1) could have made an
        30 business days after the applicant gives the deemed                      application under the Judicial Review Act 1991 in relation to the
        approval notice to the assessment manager; or                              decision or matter, may apply under part 4 of that Act for a
                                                                                   statement of reasons in relation to the decision or matter.
    (f)   for any other appeal – 20 business days after a notice of the
          decision for the matter, including an enforcement notice, is         (4) In this section –
          given to the person.                                                     decision includes-
Note –                                                                             (a) conduct engaged in for the purpose of making a decision; and
    See the P&E Court Act for the court’s power to extend the appeal
                                                                                   (b) other conduct that relates to the making of a decision; and
    period.
                                                                                   (c) the making of a decision or failure to make a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
    in the appeal.                                                                 (d) a purported decision; and
(5) If an appeal is only about a referral agency’s response, the                   (e) a deemed refusal.
    assessment manager may apply to the tribunal or P&E Court to
                                                                                   non-appealable, for a decision or matter, means the decision or
    withdraw from the appeal.
                                                                                   matter-
(6) To remove any doubt. It is declared that an appeal against an
                                                                                   (a) is final and conclusive; and
    infrastructure charges notice must not be about-
                                                                                   (b) may not be challenged, appealed against, reviewed, quashed,
    (a) the adopted charge itself; or
                                                                                       set aside or called into question in any other way under the
    (b) for a decision about an offset or refund-                                      Judicial Review Act 1991 or otherwise, whether by the
                                                                                       Supreme Court, another court, a tribunal or another entity; and
          (i)   the establishment cost of trunk infrastructure identified in
                a LGIP; or                                                         (c) is not subject to any declaratory, injunctive or other order of
                                                                                       the Supreme Court, another court, a tribunal or another entity
          (ii) the cost of infrastructure decided using the method
                                                                                       on any ground.
               included in the local government’s charges resolution.
                                                                               231 Rules of the P&E Court
229 Notice of appeal
                                                                               (1) A person who is appealing to the P&E Court must comply with the
(1) An appellant starts an appeal by lodging, with the registrar of the
                                                                                   rules of the court that apply to the appeal.
    tribunal or P&E Court, a notice of appeal that-
    (a) is in the approved form; and                                           (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
    (b) succinctly states the grounds of the appeal.
(2) The notice of appeal must be accompanied by the required fee.




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