132005.699.1.05 - Application to Change to Existing Approval - (shows as 699.1.05 but should be .66.05) · 132005.699.04

                                                                                              132005.699.5




Sunshine Coast                                    Appeal Rights
Regional Cc,t n it                               SUSTAINABLE PLANNING ACT 2009 & SUS IAINABLL- PLANNING
                                                 REGULATION 2009




The following is an extract from the Sustainable
Planning Act 2009 (Chapter 7)


465    Appeals      about decisions       relating    to
       extensions for approvals
(1)    For a development approval given for a
       development application, a person to whom a
       notice is given under section 389, other than a
       notice for a decision under section 386(2), may
       appeal to the court against the decision in the
       notice.
(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 under
       section 383 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 clay the decision on the
       matter should have been made.

466    Appeals        about    decisions    relating to
       permissible changes
(1)    For a development approval given for a
       development application, the following persons
       may appeal to the court against a decision on a
       request to make a permissible change to the
       approval-
       (a)       if the responsible entity for making the
                 change is the assessment manager for
                 the application-
                 (i)        the person who made the
                            request; or
                 (ii)       an entity that gave a notice
                            under section 373 or a pre-
                            request response notice about
                            the request;
       (b)       if the responsible entity for making the
                 change is a concurrence agency for the
                 application-the person who made the
                 request.
(2)    The appeal must be started within 20 business
       days after the day the person is given notice of
       the decision on the request under section 376.
(3)    Also, a person who has made a request under
       section 369 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.




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