Decision Letter - Change to an Existing Approval - 010.2006.00001015.002 [As Published] · 142006.1015.02

                                                                                                        2006/1015



                                                        Appeal Rights
                                                        INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




The following is an extract from the Integrated                         (5) If an application is processed under section
Planning Act (Chapter 4).                                           6.1.28(2), appeal rights for submitters for the application
                                                                    are available only for the aspects of the development that
Division 8 - Appeals to                court   relating   to        would have required public notification under the
development applications                                            repealed Act.
Appeals by applicants                                                   (6) If an application involves assessment against a
4.1.27.(1) An applicant for a development application               concurrence agency code, appeal rights for submitters
may appeal to the court against any of the following-               for the application are not available against the part of
                                                                    the approval that represents the concurrence agency’s
(a) the refusal, or the refusal in part, of a development           response for the code.
      application;
                                                                    Appeals by advice agency submitters
(b) a matter stated in a development approval, including
      any condition applying to the development, and the            4.1.29.(1) An advice agency may, within the limits of its
      identification of a code under section 3.1.6;1                jurisdiction, appeal to the court about the giving of a
                                                                    development approval for a development application if-
(c) the decision to give a preliminary approval when a
      development permit was applied for;                           (a) the development       application   involves    impact
                                                                       assessment; and
(d) the length of a currency period;
                                                                    (b) the advice agency told the applicant and the
(e) a deemed refusal.                                                  assessment manager to treat its response to the
    (2) An appeal under subsection (1)(a) to (d) must be               application as a submission for an appeal.
started within 20 business days (the “applicant’s appeal               (2) The appeal must be started within 20 business
period”) after the day the decision notice or negotiated            days after the day the decision notice or negotiated
decision notice is given to the applicant.                          decision notice is given to the advice agency as a
    (3) An appeal under subsection (1)(e) may be started            submitter.
at any time after the last day a decision on the matter             Appeals for matters arising after approval given
should have been made.                                              (co-respondents)
Appeals by submitters                                               4.1.30.(1) For a development approval given for a
4.1.28.(1) A submitter for a development application may            development application, a person to whom any of the
appeal to the court about-                                          following notices have been given may appeal to the
(a) the giving of a development approval, including any             court against the decision in the notice-
      conditions (or lack of conditions) or other provisions        (a) a notice giving a decision on a request for extension
      of the approval; or                                              of the currency period for an approval;
(b) the length of a currency period for the approval.               (b) a notice giving a decision on a request to make a
    (2) The appeal must be started within 20 business                  minor change to an approval.
days (the “submitters appeal period”) after the day the                 (2) The appeal must be started within 20 business
decision notice or negotiated decision notice is given to           days after the day the notice of the decision is given to
the submitter.                                                      the person.
   (3) If a person withdraws a submission before the                    (3) Subsection (1)(a) does not apply if the approval
application is decided, the person may not appeal the               resulted from a development application (superseded
decision.                                                           planning scheme) that was assessed as if it were an
   (4) If an application involves both impact assessment            application under a superseded planning scheme.
and code assessment, appeal rights for submitters are                  (4) Also, a person who has made a request
available only for the part of the application involving            mentioned in subsection (1) may appeal to the court
impact assessment.                                                  against a deemed refusal of the request.
                                                                       (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.


1
1
    Section 3.1.6 (Preliminary approval may override local
    planning instrument)
                                                                                                    Page 15 of 16


[OCR of page images]
2006/1015

 

|Sunshine Coast

The following is an extract from the Integrated
Planning Act (Chapter 4).

Division 8 - Appeals to court relating to
development applications

Appeals by applicants

4.1.27.(1) An applicant for a development application
may appeal to the court against any of the following-

(a) the refusal, or the refusal in part, of a 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 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.

Appeals by submitters

4.1.28.(1) A submitter for a development application may
appeal to the court about-

(a) the giving of a development approval, including any
conditions (or lack of conditions) or other provisions
of the approval; or

(b) the length of a currency period for the approval.

(2) The appeal must be started within 20 business
days (the “submitters appeal period”) after the day the
decision notice or negotiated decision notice is given to
the submitter.

(3) If a person withdraws a submission before the
application is decided, the person may not appeal the
decision.

(4) If an application involves both impact assessment
and code assessment, appeal rights for submitters are
available only for the part of the application involving
impact assessment.

1

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

Appeal Rights

INTEGRATED PLANNING ACT 1997 & 1998 REGULATION

(5) If an application is processed under section
6.1.28(2), appeal rights for submitters for the application
are available only for the aspects of the development that
would have required public notification under the
repealed Act.

(6) If an application involves assessment against a
concurrence agency code, appeal rights for submitters
for the application are not available against the part of
the approval that represents the concurrence agency's
response for the code.

Appeals by advice agency submitters

4.1.29.(1) An advice agency may, within the limits of its
jurisdiction, appeal to the court about the giving of a
development approval for a development application if-

(a) the development application involves impact
assessment; and

(b) the advice agency told the applicant and the
assessment manager to treat its response to the
application as a submission for an appeal.

(2) The appeal must be started within 20 business
days after the day the decision notice or negotiated
decision notice is given to the advice agency as a
submitter.

Appeals for matters arising after approval given
(co-respondents)

4.1.30.(1) For a development approval given for a
development application, 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 for extension
of the currency period for an approval;

(b) a notice giving a decision on a request to make a
minor change to an 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) Subsection (1)(a) does not apply if the approval
resulted from a development application (superseded
planning scheme) that was assessed as if it were an
application under a superseded planning scheme.

(4) Also, a person who has made a _ request
mentioned in subsection (1) may appeal to the court
against a deemed refusal of the request.

(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.

Page 15 of 16