Decision Notice - 010.2008.00000610.001 [As Published] · 142008.610

                                                        -6-



    (5) An appeal under subsection (4) may be                     (2) The appeal must be started within 20
        started at any time after the last day the            business days after the day notice of the decision
        decision on the matter should have been               is given to the applicant.
        made.                                                 For Building Works Only
Division 9 - Appeals to court about other                     Rights of appeal conferred by Section 4.2.9 of the
matters                                                       Integrated Planning Act 1997 as follows:
Appeals for matters arising after approval given              Division 3 – Appeals to tribunals relating to
(no co-respondents)                                           development applications
4.1.31.(1) A person to whom any of the following              Appeals by applicants
notices have been given may appeal to the court
                                                              4.2.9(1) An applicant for a development application
against the decision in the notice-
                                                              may appeal to the Building and Development
(a) a notice giving a decision on a request to                Tribunal against any of the following-
    change or cancel a condition of a development
    approval.                                                 (a) the refusal, or the refusal in part, of a
                                    2                             development application;
(b) a notice under section 6.1.44 giving a decision
    to change or cancel a condition of a                      (b) a matter stated in a development approval,
    development approval.                                         including any condition applying to the
                                                                  development, and the identification of a code
    (2) The appeal must be started within 20                      under section 3.1.6;
                                                                                        3
        business days after the day the notice of the
        decision is given to the person.                      (c) the decision to give a preliminary approval when a
                                                                    development permit was applied for;
    (3) Also, a person who has made a request
                                                              (d) the length of a period mentioned in section 3.5.21
        mentioned in subsection (1)(a) may appeal
                                                                    currency period;
        to the court against a deemed refusal of the
        request.                                              (e) a deemed refusal.
    (4) An appeal under subsection (3) may be                    (2) An appeal under subsection (1)(a) to (d) must
        started at any time after the last day the            be started within 20 business days (the “applicant’s
                                                              appeal period”) after the day the decision notice or
        decision on the matter should have been
                                                              negotiated decision notice is given to the applicant.
        made.
                                                                  (3) An appeal under subsection (1)(e) may be
Appeals against decisions to change approval                  started at any time after the last day a decision on the
conditions under the repealed Act                             matter should have been made.
4.1.33A.(1) A person who is dissatisfied with a               The Registrar for the Building and Development
decision made on an application to change the                 Tribunal may be contacted at the website
conditions attached to an approval given under                http://www.localgovernment.qld.gov.au/
section 2.19(3)or section 4.4 of the repealed Act
may appeal to the court against-
(a) the decision; or
(b) a deemed refusal of the application.
    (2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice
of the decision is to be given to the person.
    (3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on
the matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises
or the erection of a building or other structure
permitted by the planning scheme may appeal to
the court against the decision or the conditions
applied.




2
     Section 6.1.44 (Conditions may be changed or
                                                              3
    cancelled by assessment manager or concurrence                 Section 3.1.6 (Preliminary approval may override
    agency in certain circumstances)                              local planning instrument)
                                                                                                          Page 6 of 6


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(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.

Division 9 - Appeals to court about other
matters

Appeals for matters arising after approval given
(no co-respondents)

4.1.31.(1) 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 to
change or cancel a condition of a development
approval.

(b) a notice under section 6.1.44? giving a decision
to change or cancel a condition of a
development 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) Also, a person who has made a request
mentioned in subsection (1)(a) may appeal
to the court against a deemed refusal of the
request.

(4) An appeal under subsection (3) may be
started at any time after the last day the
decision on the matter should have been
made.

Appeals against decisions to change approval
conditions under the repealed Act

4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act
may appeal to the court against-

(a) the decision; or
(b) a deemed refusal of the application.

(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice
of the decision is to be given to the person.

(3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on
the matter should have been made.

Appeals against local laws

4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises
or the erection of a building or other structure
permitted by the planning scheme may appeal to
the court against the decision or the conditions
applied.

? Section 6.1.44 (Conditions may be changed or
cancelled by assessment manager or concurrence
agency in certain circumstances)

(2) The appeal must be started within 20
business days after the day notice of the decision
is given to the applicant.

For Building Works Only

Rights of appeal conferred by Section 4.2.9 of the
Integrated Planning Act 1997 as follows:

Division 3 — Appeals to tribunals relating to
development applications

Appeals by applicants

4.2.9(1) An applicant for a development application
may appeal to the Building and Development
Tribunal against any of the following-

(a) the refusal, or the refusal in part,
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 period mentioned in section 3.5.21
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.

The Registrar for the Building and Development
Tribunal may be contacted at the website
http://www.localgovernment.qld.gov.au/

of a

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

Page 6 of 6