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GE11-N Planning Act 2016 - Appeal provisions · MCU19/0001.01
Attached to the e-mail Change to SARA response & approval - MCU19/0001 & MCU19/0001.01.
Attached to the e-mail SARA Response - 152006.1999.4.
Attached to the e-mail SARA Decision notice - 6 - 10 Diamond St, Cooroy - MCU19/0001.
Attached to the e-mail 132008.176.06 - SARA Response - Decision for change application.
Planning Act 2016 – Appeal provisions
The following provisions are the appeal rights as defined in the Planning Act 2016, schedule 2.
Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1) Schedule 1 states—
(a) matters that may be appealed to—
(i) either a tribunal or the P&E Court; or
(ii) only a tribunal; or
(iii) only the P&E Court; and
(b) the person—
(i) who may appeal a matter (the appellant); and
(ii) who is a respondent in an appeal of the matter; and
(iii) who is a co-respondent in an appeal of the matter; and
(iv) who may elect to be a co-respondent in an appeal of the matter.
(2) An appellant may start an appeal within the appeal period.
(3) The appeal period is—
(a) for an appeal by a building advisory agency—10 business days after a decision notice for
the decision is given to the agency; or
(b) for an appeal against a deemed refusal—at any time after the deemed refusal happens; or
(c) for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises
or to renew the registration of premises—20 business days after a notice is published under
section 269(3)(a) or (4); or
(d) for an appeal against an infrastructure charges notice—20 business days after the
infrastructure charges notice is given to the person; or
(e) for an appeal about a deemed approval of a development application for which a decision
notice has not been given—30 business days after the applicant gives the deemed approval
notice to the assessment manager; or
(f) for any other appeal—20 business days after a notice of the decision for the matter,
including an enforcement notice, is given to the person.
Note—
See the P&E Court Act for the court’s power to extend the appeal period.
(4) Each respondent and co-respondent for an appeal may be heard in the appeal.
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(5) If an appeal is only about a referral agency’s response, the assessment manager may apply to
the tribunal or P&E Court to withdraw from the appeal.
(6) To remove any doubt, it is declared that an appeal against an infrastructure charges notice must
not be about—
(a) the adopted charge itself; or
(b) for a decision about an offset or refund—
(i) the establishment cost of trunk infrastructure identified in a LGIP; or
(ii) the cost of infrastructure decided using the method included in the local
government’s charges resolution.
230 Notice of appeal
(1) An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice
of appeal that—
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal.
(2) The notice of appeal must be accompanied by the required fee.
(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—
(a) the respondent for the appeal; and
(b) each co-respondent for the appeal; and
(c) for an appeal about a development application under schedule 1, table 1, item 1—each
principal submitter for the development application; and
(d) for an appeal about a change application under schedule 1, table 1, item 2 —each principal
submitter for the change application; and
(e) each person who may elect to become a co-respondent for the appeal, other than an
eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d);
and
(f) for an appeal to the P&E Court—the chief executive; and
(g) for an appeal to a tribunal under another Act—any other person who the registrar considers
appropriate.
(4) The service period is—
(a) if a submitter or advice agency started the appeal in the P&E Court—2 business days after
the appeal is started; or
(b) otherwise—10 business days after the appeal is started.
(5) A notice of appeal given to a person who may elect to be a co-respondent must state the effect
of subsection (6).
(6) A person elects to be a co-respondent by filing a notice of election, in the approved form, within
10 business days after the notice of appeal is given to the person.
(7) Despite any other Act or rules of court to the contrary, a copy of a notice of appeal may be given
to the chief executive by emailing the copy to the chief executive at the email address stated on
the department’s website for this purpose.
231 Other appeals
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a
decision or other matter under this Act is affected by jurisdictional error, the decision or matter is
non-appealable.
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(2) The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected
by jurisdictional error.
(3) A person who, but for subsection (1) could have made an application under the Judicial Review
Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement
of reasons in relation to the decision or matter.
(4) In this section—
decision includes—
(a) conduct engaged in for the purpose of making a decision; and
(b) other conduct that relates to the making of a decision; and
(c) the making of a decision or the failure to make a decision; and
(d) a purported decision; and
(e) a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter—
(a) is final and conclusive; and
(b) may not be challenged, appealed against, reviewed, quashed, set aside or called into
question in any other way under the Judicial Review Act 1991 or otherwise, whether by the
Supreme Court, another court, a tribunal or another entity; and
(c) is not subject to any declaratory, injunctive or other order of the Supreme Court, another
court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1) A person who is appealing to the P&E Court must comply with the rules of the court that apply
to the appeal.
(2) However, the P&E Court may hear and decide an appeal even if the person has not complied
with rules of the P&E Court.
Schedule 1 Appeals
1 Appeal rights and parties to appeals
(1) Table 1 states the matters that may be appealed to—
(a) the P&E court; or
(b) a tribunal.
(2) However, table 1 applies to a tribunal only if the matter involves—
(a) the refusal, or deemed refusal of a development application, for—
i a material change of use for a classified building; or
ii operational work associated with building work, a retaining wall, or a tennis court; or
(b) a provision of a development approval for—
i a material change of use for a classified building; or
ii operational work associated with building work, a retaining wall, or a tennis court; or
(c) if a development permit was applied for—the decision to give a preliminary approval for—
i a material change of use for a classified building; or
ii operational work associated with building work, a retaining wall, or a tennis court; or
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(d) development condition if—
i the development approval is only for a material change of use that involves the use of a
building classified under the Building Code as a class 2 building; and
ii the building is, or is proposed to be, not more than 3 storeys; and
iii the proposed development is for not more than 60 sole-occupancy units; or
(e) a decision for, or a deemed refusal of, an extension application for a development approval
that is only for a material change of use of a classified building; or
(f) a decision for, or a deemed refusal of, a change application for a development approval that
is only for a material change of use of a classified building; or
(g) a matter under this Act, to the extent the matter relates to the Building Act, other than a
matter under that Act that may or must decided by the Queensland Building and
Construction Commission; or
(h) a decision to give an enforcement notice—
i in relation to a matter under paragraphs (a) to (g); or
ii under the Plumbing and Drainage Act; or
(i) an infrastructure charges notice; or
(j) the refusal, or deemed refusal, of a conversion application; or
(k) a matter prescribed by regulation.
(3) Also, table 1 does not apply to a tribunal if the matter involves—
(a) for a matter in subsection (2)(a) to (d)—
i a development approval for which the development application required impact
assessment; and
ii a development approval in relation to which the assessment manager received a
properly made submission for the development application; or
(b) a provision of a development approval about the identification or inclusion, under a variation
approval, of a matter for the development.
(4) Table 2 states the matters that may be appealed only to the P&E Court.
(5) Table 3 states the matters that may be appealed only to the tribunal.
(6) In each table—
(a) column 1 states the appellant in the appeal; and
(b) column 2 states the respondent in the appeal; and
(c) column 3 states the co-respondent (if any) in the appeal; and
(d) column 4 states the co-respondents by election (if any) in the appeal.
(7) If the chief executive receives a notice of appeal under section 230(3)(f), the chief executive
may elect to be a co-respondent in the appeal.
(8) In this section—
storey see the Building Code, part A1.1.
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Table 1
Appeals to the P&E Court and, for certain matters, to a tribunal
1. Development applications
For a development application other than a development application called in by the minister, an appeal may be made against—
(a) the refusal of all or part of the development application; or
(b) the deemed refusal of the development application; or
(c) a provision of the development approval; or
(d) if a development permit was applied for—the decision to give a preliminary approval.
Column 1 Column 2 Column 3 Column 4 Co-respondent
Appellant Respondent Co-respondent by election (if
(if any) any)
The applicant The assessment manager If the appeal is about a 1. A concurrence
concurrence agency’s referral agency that is not a co-
response—the concurrence respondent
agency 2. If a chosen assessment
manager is the
respondent—the
prescribed
assessment manager
3. Any eligible advice agency
for the application
4. Any eligible
submitter for the
application
2. Change applications
For a change application other than a change application made to the P&E Court or called in by the Minister, an appeal may be made
against—
(a) the responsible entity’s decision on the change application; or
(b) a deemed refusal of a change application.
Column 1 Column 2 Column 3 Column 4 Co-respondent
Appellant Respondent Co-respondent by election (if
(if any) any)
1. The applicant The responsible entity If an affected entity starts the 1. A concurrence
appeal—the applicant agency for the
2. If the responsible
development application
entity is the assessment
manager—an 2. If a chosen assessment
manager is the
affected entity that gave a
respondent—the
pre-request notice or prescribed
response notice assessment manager
3. A private
certifier for the
development application
4. Any eligible advice agency
for the change application
5. Any eligible
submitter for the
change application
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3. Extension applications
For an extension application other than an extension application called in by the Minister, an appeal may be made against—
(a) The assessment manager’s decision on the extension application; or
(b) A deemed refusal of the extension application.
Column 1 Column 2 Column 3 Column 4 Co-respondent
Appellant Respondent Co-respondent by election (if
(if any) any)
1. The applicant The assessment manager If a concurrence agency starts If a chosen assessment
the appeal—the applicant manager
2. For a matter is the respondent—the
other than a deemed prescribed assessment
refusal of an extension manager
application—a
concurrence agency, other
than the chief executive,
for the application
4. Infrastructure charges notices
An appeal may be made against an infrastructure charges notice on 1 or more of the following grounds—
(a) the notice involved an error relating to—
(i) the application of the relevant adopted charge; or
Examples of errors in applying an adopted charge:
▪ the incorrect application of gross floor area for a non-residential development
▪ applying an incorrect ‘use category’, under a regulation, to the development
(ii) the working out of extra demand, for section 120; or
(iii) an offset or refund; or
(b) there was no decision about an offset or refund; or
(c) if the infrastructure charges notice states a refund will be given—the timing for giving the refund; or
(d) the amount of the charge is so unreasonable that no reasonable relevant local government could have imposed the amount.
Column 1 Column 2 Column 3 Column 4 Co-respondent
Appellant Respondent Co-respondent by election (if
(if any) any)
The person given the The local government that gave — —
infrastructure charges notice the infrastructure charges notice
5. Conversion applications
An appeal may be made against—
(a) the refusal of a conversion application; or
(b) a deemed refusal of a conversion application.
Column 1 Column 2 Column 3 Column 4 Co-respondent
Appellant Respondent Co-respondent by election (if
(if any) any)
The applicant The local government to which — —
the conversion application was
made
6. Enforcement notices
An appeal may be made against the decision to give an enforcement notice.
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Column 1 Column 2 Column 3 Column 4 Co-respondent
Appellant Respondent Co-respondent by election (if
(if any) any)
The person given the The enforcement authority — If the enforcement authority is
enforcement notice not the local government for the
premises in relation to which the
offence is alleged to have
happened—the local
government
Table 2
Appeals to the P&E Court only
1. Appeals from tribunal
An appeal may be made against a decision of a tribunal, other than a decision under section 252, on the ground of—
(a) an error or mistake in law on the part of the tribunal; or
(b) jurisdictional error.
Column 1 Column 2 Column 3 Column 4 Co-respondent
Appellant Respondent Co-respondent by election (if
(if any) any)
A party to the proceedings for The other party to the — —
the decision proceedings for the decision
2. Eligible submitter appeals
For a development application or change application other than an application decided by the P&E Court or called in by the Minister,
an appeal may be made against the decision to approve the application, to the extent the decision relates to—
(a) any part of the development application or change application that required impact assessment; or
(b) a variation request
Column 1 Column 2 Column 3 Column 4 Co-
Appellant Respondent Co-respondent respondent by election
(if any) (if
any)
1. For a development 1. For a development 1. The applicant Another eligible submitter for
application—an eligible application—the the application
2. If the appeal is about
submitter for the development assessment manager
application a concurrence
2. For a change application—the agency’s referral
2. For a change application—an responsible entity response—the
eligible submitter for the concurrence agency
change application
3. Eligible submitter and eligible advice agency appeals
For a development application or change application other than an application decided by the P&E Court or called in by the Minister,
an appeal may be made against a provision of the development approval, or a failure to include a provision in the development
approval, to the extent the matter relates to—
(a) any part of the development application or the change application, that required impact assessment; or
(b) a variation request.
Column 1 Column 2 Column 3 Column 4 Co-respondent
Appellant Respondent Co-respondent by election (if
(if any) any)
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1. For a development 1. For a development 1. The applicant Another eligible submitter for the
application—an eligible application—the application
2. If the appeal is about a
submitter for the assessment manager
development application concurrence agency’s
2. For a change application— referral response—the
2. For a change application— the responsible entity concurrence agency
an eligible submitter for the
change application
3. An eligible advice agency
for the development
application or change
application
4. Compensation claims
An appeal may be made against—
(a) a decision under section 32 about a compensation claim; or
(b) a decision under section 265 about a claim for compensation; or
(c) a deemed refusal of a claim under paragraph (a) or (b).
Column 1 Column 2 Column 3 Column 4 Co-respondent
Appellant Respondent Co-respondent by election (if
(if any) any)
A person dissatisfied with the The local government to which — —
decision the claim was made
5. Registered premises
An appeal may be made against a decision of the Minister under chapter 7, part 4.
Column 1 Column 2 Column 3 Column 4 Co-respondent
Appellant Respondent Co-respondent by election (if
(if any) any)
1. A person given a The Minister — If an owner or occupier starts
decision notice about the the appeal—the owner of the
decision registered premises
2. If the decision is to register
premises or renew the
registration of premises—
an owner or occupier of
premises in the affected
area for the registered
premises who is
dissatisfied with the
decision
6. Local laws
An appeal may be made against a decision of a local government, or conditions applied, under a local law about—
(a) the use of premises, other than a use that is the natural and ordinary consequence of prohibited development; or
(b) the erection of a building or other structure.
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Column 1 Column 2 Column 3 Column 4 Co-respondent
Appellant Respondent Co-respondent by election (if
(if any) any)
A person who— The local government — —
(a) applied for the decision;
and
(b) is dissatisfied with the
decision or conditions.
Table 3
Appeals and tribunal only
1. Building advisory agency appeals
An appeal may be made against giving a development approval for building work to the extent the building work required code
assessment against the building assessment provisions.
Column 1 Column 2 Column 3 Column 4 Co-respondent
Appellant Respondent Co-respondent by election (if
(if any) any)
A building advisory agency for The assessment manager The applicant 1. A concurrence
the development application agency for the
related to the approval development application
related to the approval
2. A private
certifier for the
development application
related to the approval
2. Inspection of building work
An appeal may be made against a decision of a building certifier or referral agency about the inspection of building work that is the
subject of a building development approval under the Building Act.
Column 1 Column 2 Column 3 Column 4 Co-respondent
Appellant Respondent Co-respondent by election (if
(if any) any)
The applicant for the The person who made the — —
development approval decision
3. Certain decisions under the Building Act and the Plumbing and Drainage Act
An appeal may be made against—
(a) a decision under the Building Act, other than a decision made by the Queensland Building and Construction Commission, if an
information notice about the decision was given or required to be given under that Act; or
(b) a decision under the Plumbing and Drainage Act, part 4 or 5, if an information notice about the decision ws given or required to
be given under that Act.
Column 1 Column 2 Column 3 Column 4 Co-respondent
Appellant Respondent Co-respondent by election (if
(if any) any)
A person who received, or was The person who made the — —
entitled to receive, an decision
information notice about the
decision
4. Local government failure to decide application under the Building Act
An appeal may be made against a local government’s failure to decide an application under the Building Act within the period
required under that Act.
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Column 1 Column 2 Column 3 Column 4 Co-respondent
Appellant Respondent Co-respondent by election (if
(if any) any)
A person who was entitled to The local government to which — —
receive notice of the decision the application was made
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Used in these records
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GE11-N Planning Act 2016 - Appeal provisions.pdfRelated documentApplication case desk ↗
GE11-N Planning Act 2016 - Appeal provisions.pdfRelated documentApplication case desk ↗
GE11-N Planning Act 2016 - Appeal provisions.pdfRelated documentApplication case desk ↗
GE11-N Planning Act 2016 - Appeal provisions.pdfRelated documentApplication case desk ↗
GE11-N Planning Act 2016 - Appeal provisions.pdfRelated documentApplication case desk ↗
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