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

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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