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

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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