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

                                                                                                     2006/823

    2.    a notice under section 6.1.442 giving a decision      (c) the decision to give a preliminary approval when a
          to change or cancel a condition of a                        development permit was applied for;
          development approval.                                 (d) the length of a period mentioned in section 3.5.21
1.       The appeal must be started within 20 business                relevant period;
         days after the day the notice of the decision is
                                                                (e) a deemed refusal.
         given to the person.
                                                                    (2) An appeal under subsection (1)(a) to (d) must be
2.       Also, a person who has made a request
                                                                started within 20 business days (the “applicant’s appeal
         mentioned in subsection (1)(a) may appeal to the
                                                                period”) after the day the decision notice or negotiated
         court against a deemed refusal of the request.
                                                                decision notice is given to the applicant.
3.       An appeal under subsection (3) may be started at
                                                                    (3) An appeal under subsection (1)(e) may be started
         any time after the last day the decision on the
                                                                at any time after the last day a decision on the matter
         matter should have been made.
                                                                should have been made.
Appeals against decisions to change approval conditions
                                                                The Registrar for the Building and Development
under the repealed Act
                                                                Tribunal may be contacted at the website
4.1.33A.(1) A person who is dissatisfied with a decision        http://www.localgovernment.qld.gov.au/
made on an application to change the conditions
attached to an approval given under section 2.19(3)or           For Infrastructure Charges Only
section 4.4 of the repealed Act may appeal to the court         4.1.36 Appeals about particular infrastructure
against-                                                        charges
     (2) the decision; or                                       (1) This section applies to a person who has been
     (3) a deemed refusal of the application.                   given, and is dissatisfied with, an infrastructure charges
    (2) An appeal under subsection (1)(a) must be               notice or a regulated State infrastructure charges notice.
started within 20 business days after the day notice of         (2) The person may appeal to the court against the
the decision is to be given to the person.                      notice.
    (3) An appeal under subsection (1)(b) may be started        (3) The appeal must be started within 20 business days
at any time after the last day a decision on the matter         after-
should have been made.                                          (a) if the notice is given because of a development
Appeals against local laws                                           approval or master plan approval-the day the
4.1.33B.(1) An applicant who is dissatisfied with a                  applicant is given notice of the decision about the
decision of a local government or the conditions applied             approval; or
under a local law about the use of premises or the              (b)    otherwise-the day the notice is given to the person.
erection of a building or other structure permitted by the      (4)    An appeal under this section may only be about-
planning scheme may appeal to the court against the
decision or the conditions applied.                             (a) whether a charge in the notice is so unreasonable
                                                                    that no reasonable relevant local government, State
    (2) The appeal must be started within 20 business               infrastructure provider or coordinating agency could
days after the day notice of the decision is given to the           have imposed it; or
applicant.
                                                                (b) an error in the calculation of the charge.
For Building Works Only                                         (5) To remove any doubt, it is declared that an appeal
Rights of appeal conferred by Section 4.2.9 of the              under this section can not be about the methodology
Integrated Planning Act 1997 as follows:                        used to establish the charge in the relevant infrastructure
Division 3 – Appeals           to   tribunals   relating   to   charges schedule or regulated State infrastructure
development applications                                        charges schedule.
Appeals by applicants
4.2.9(1) An applicant for a development application may
appeal to the Building and Development Tribunal against
any of the following-
(a) the refusal, or the refusal in part, of a development
     application;
(b) a matter stated in a development approval, including
     any condition applying to the development, and the
     identification of a code under section 3.1.6;3


2
   Section 6.1.44 (Conditions may be changed or
  cancelled by assessment manager or concurrence
  agency in certain circumstances)
3
  Section 3.1.6 (Preliminary approval may override local
  planning instrument)
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