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

                                                      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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