GE11-N Planning Act 2016 - Appeal provisions · MCU19/0001.01

(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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