Decision Notice - Change to an Existing Approval - 010.2006.00000823.003 [As Published] · 132006.823.03

                                                                                                           2006/823


                                                         Appeal Rights
                                                         INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




The following is an extract from the Integrated                          (6) If an application involves assessment against a
Planning Act (Chapter 4).                                            concurrence agency code, appeal rights for submitters
                                                                     for the application are not available against the part of
Division 8 - Appeals to                   court   relating   to      the approval that represents the concurrence agency’s
development applications                                             response for the code.
Appeals by applicants                                                Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application                4.1.29.(1) An advice agency may, within the limits of its
may appeal to the court against any of the following-                jurisdiction, appeal to the court about the giving of a
      the refusal, or the refusal in part, of a development         development approval for a development application if-
      application;                                                   3.       the development application involves impact
      a matter stated in a development approval, including                   assessment; and
      any condition applying to the development, and the
      identification of a code under section 3.1.6;1                 4.       the advice agency told the applicant and the
                                                                              assessment manager to treat its response to the
      the decision to give a preliminary approval when a                     application as a submission for an appeal.
      development permit was applied for;
                                                                        (2) The appeal must be started within 20 business
      the length of a relevant period;
                                                                     days after the day the decision notice or negotiated
    a deemed refusal.                                               decision notice is given to the advice agency as a
    (2) An appeal under subsection (1)(a) to (d) must be             submitter.
started within 20 business days (the “applicant’s appeal             Appeals for matters arising after approval given
period”) after the day the decision notice or negotiated             (co-respondents)
decision notice is given to the applicant.
                                                                     4.1.30.(1) For a development approval given for a
    (3) An appeal under subsection (1)(e) may be started             development application, a person to whom any of the
at any time after the last day a decision on the matter              following notices have been given may appeal to the
should have been made.                                               court against the decision in the notice-
Appeals by submitters                                                1        a notice giving a decision on a request for
4.1.28.(1) A submitter for a development application may                      extension of the relevanrt period for an approval;
appeal to the court about-                                           2        a notice giving a decision on a request to make a
1. the giving of a development approval, including any                        minor change to an approval.
     conditions (or lack of conditions) or other provisions                  The appeal must be started within 20 business
     of the approval; or                                             days after the day the notice of the decision is given to
2.   the length of a relevant period for the approval.               the person.
    (2) The appeal must be started within 20 business                         Subsection (1)(a) does not apply if the approval
days (the “submitters appeal period”) after the day the              resulted from a development application (superseded
decision notice or negotiated decision notice is given to            planning scheme) that was assessed as if it were an
the submitter.                                                       application under a superseded planning scheme.
    (3) If a person withdraws a submission before the                         Also, a person who has made a request
application is decided, the person may not appeal the                mentioned in subsection (1) may appeal to the court
decision.                                                            against a deemed refusal of the request.
    (4) If an application involves both impact assessment                     An appeal under subsection (4) may be started
and code assessment, appeal rights for submitters are                at any time after the last day the decision on the matter
available only for the part of the application involving             should have been made.
impact assessment.
                                                                     Division 9 - Appeals to court about other matters
    (5) If an application is processed under section
                                                                     Appeals for matters arising after approval given
6.1.28(2), appeal rights for submitters for the application
are available only for the aspects of the development that
                                                                     (no co-respondents)
would have required public notification under the                    4.1.31.(1) A person to whom any of the following notices
repealed Act.                                                        have been given may appeal to the court against the
                                                                     decision in the notice-
                                                                         1.    a notice giving a decision on a request to
1                                                                              change or cancel a condition of a development
    Section 3.1.6 (Preliminary approval may override local                     approval.
    planning instrument)
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