Decision Notice - 010.2008.00000613.001 [As Published] · 142008.613

                                                        -9-               [document year]/[document number]


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


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)