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

      (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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