Negotiated Decision Notice MCU22 0201

                                                                  Appeal Rights
                                                                  PLANNING ACT 2016 & PLANNING REGULATION 2017



Chapter 6 Dispute resolution
Part 1 Appeal rights
                                                                                  (3) The appellant or, for an appeal to a tribunal, the registrar must,
                                                                                      within the service period, give a copy of the notice of appeal to –
229 Appeals to tribunal or P&E Court                                                  (a) the respondent for the appeal; and
                                                                                      (b) each co-respondent for the appeal; and
(1)   Schedule 1 of the Planning Act 2016 states –
                                                                                      (c) for an appeal about a development application under schedule
      (a)   Matters that may be appealed to –
                                                                                            1, table 1, item 1 – each principal submitter for the
            (i)    either a tribunal or the P&E Court; or                                   development application; and
            (ii)   only a tribunal; or                                                (d) for and appeal about a change application under schedule 1,
            (iii) only the P&E Court; and                                                 table 1, item 2 – each principal submitter for the change
                                                                                          application; and
      (b)   The person-
                                                                                      (e) each person who may elect to become a co-respondent for the
            (i)    who may appeal a matter (the appellant); and                           appeal, other than an eligible submitter who is not a principal
            (ii)                                                                          submitter in an appeal under paragraph (c) or (d); and
                   who is a respondent in an appeal of the matter; and
            (iii) who is a co-respondent in an appeal of the matter; and              (f)   for an appeal to the P&E Court – the chief executive; and

            (iv) who may elect to be a co-respondent in an appeal of the              (g)   for an appeal to a tribunal under another Act – any other
                                                                                            person who the registrar considers appropriate.
                 matter.
(2)                                                                               (4) The service period is –
      An appellant may start an appeal within the appeal period.
                                                                                      (a) if a submitter or advice agency started the appeal in the P&E
(3)   The appeal period is –
                                                                                          Court – 2 business days after the appeal has started; or
      (a)   for an appeal by a building advisory agency – 10 business
                                                                                      (b)   otherwise – 10 business days after the appeal is started.
            days after a decision notice for the decision is given to the
            agency; or                                                            (5) A notice of appeal given to a person who may elect to be a co-
                                                                                      respondent must state the effect of subsection (6).
      (b)   for an appeal against a deemed refusal – at any time after the
            deemed refusal happens; or                                            (6) A person elects to be a co-respondent by filing a notice of election, in
      (c)                                                                             the approved form, within 10 business days after the notice of appeal
            for an appeal against a decision of the Minister, under chapter 7,
                                                                                      is given to the person.
            part 4, to register premises or to renew the registration of
            premises – 20 business days after a notice us published under         231 Other appeals
            section 269(3)(a) or (4); or
                                                                                  (1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
      (d)   for an appeal against an infrastructure charges notice – 20
                                                                                      the Supreme Court decides a decision or other matter under this Act
            business days after the infrastructure charges notice is given to
                                                                                      is affected by jurisdictional error, the decision or matter is non-
            the person; or
                                                                                      appealable.
      (e)   for an appeal about a deemed approval of a development                (2) The Judicial Review Act 1991, part 5 applies to the decision or
            application for which a decision notice has not been given – 30           matter to the extent it is affected by jurisdictional error.
            business days after the applicant gives the deemed
                                                                                  (3) A person who, but for subsection (1) could have made an
            approval notice to the assessment manager; or
                                                                                      application under the Judicial Review Act 1991 in relation to the
      (f)   for any other appeal – 20 business days after a notice of the             decision or matter, may apply under part 4 of that Act for a
            decision for the matter, including an enforcement notice, is              statement of reasons in relation to the decision or matter.
            given to the person.
                                                                                  (4) In this section –
Note –                                                                                decision includes-
    See the P&E Court Act for the court’s power to extend the appeal
      period.                                                                         (a) conduct engaged in for the purpose of making a decision; and
                                                                                      (b) other conduct that relates to the making of a decision; and
(4)   Each respondent and co-respondent for an appeal may be heard in
                                                                                      (c) the making of a decision or failure to make a decision; and
      the appeal.
(5)   If an appeal is only about a referral agency’s response, the                    (d) a purported decision; and
      assessment manager may apply to the tribunal or P&E Court to
                                                                                      (e) a deemed refusal.
      withdraw from the appeal.
(6)                                                                                   non-appealable, for a decision or matter, means the decision or
      To remove any doubt. It is declared that an appeal against an
                                                                                      matter-
      infrastructure charges notice must not be about-
                                                                                      (a) is final and conclusive; and
      (a)   the adopted charge itself; or
                                                                                      (b) may not be challenged, appealed against, reviewed, quashed, set
      (b)   for a decision about an offset or refund-
                                                                                          aside or called into question in any other way under the
            (i)    the establishment cost of trunk infrastructure identified in           Judicial Review Act 1991 or otherwise, whether by the
                   a LGIP; or                                                             Supreme Court, another court, a tribunal or another entity; and
            (ii)   the cost of infrastructure decided using the method                (c) is not subject to any declaratory, injunctive or other order of the
                   included in the local government’s charges resolution.                 Supreme Court, another court, a tribunal or another entity on any
                                                                                          ground.
230 Notice of appeal
                                                                                  232 Rules of the P&E Court
(1)   An appellant starts an appeal by lodging, with the registrar of the
                                                                                  (1) A person who is appealing to the P&E Court must comply with the
      tribunal or P&E Court, a notice of appeal that-
                                                                                      rules of the court that apply to the appeal.
      (a)   is in the approved form; and
      (b)   succinctly states the grounds of the appeal.                          (2) However, the P&E Court may hear and decide an appeal even if
                                                                                      the person has not complied with the rules of the P&E Court
(2)   The notice of appeal must be accompanied by the required fee.




                                                                                                                                    Page 41 of 41