09/1270 - Approved plans/Negotiated Decision Notice [As Published] · 132009.1270

~ 2009/1270

 

 

 

 

Regional Council

 

 

Sunshine Coast | Appeal Rights

INTEGRATED PLANNING ACT 1997 & 1998 REGULATION

 

 

 

 

The following is an extract from the Integrated
Planning Act {Chapter 4).

 

 

Division 8 - Appeals to court relating to
development applications :

Appeals by applicants

4.1.27.(1) An applicant for a development application may
appeal to the court 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;"

(c) the decision to give a preliminary approval when a
development permit was applied for;

(d) the length of a relevant period;

(e) a deemed refusal. ,

(2) An appeal under subsection (1)(a) to (d) must be
started within 20 business days (the “applicant’s appeal
period”) after the day the decision notice or negotiated
decision notice is given to the applicant.

{3} An appeal under subsection (1)(e) may be started at
any time after the last day a decision on the matter should
have been made.

Appeals by submitters

4.1.28.(1) A submitter for a development application may
appeal to the court about-

{a) the giving of a development approval, including any
conditions (or lack of conditions) or other provisions
of the approval; or

(b) the length of a relevant period for the approval.

{2) The appeal must be started within 20 business
days (the “submitters appeal period”) after the day the
decision notice or negotiated decision notice is given to
the submitter. ,

(3) If a person withdraws a submission before the
application is decided, the person may not appeal the
decision.

(4) If an application involves both impact assessment
and code assessment, appeal rights for submitters are
available only for the part of the application involving
impact assessment.

(5) If an application is processed under section
6.1.28(2), appeal rights for submitters for the application
are available only for the aspects of the development that
would have required public notification under the
repealed Act.

1 Section 3.1.6 (Preliminary approval may override toca!

planning instrument)

(6) if an application involves assessment against a
concurrence agency code, appeal rights for submitters
for the application are not available against the part of
the approval that represents the concurrence agency’s
response for the code.

Appeals by advice agency submitters

4.1.29.(1} An advice agency may, within the limits of its
jurisdiction, appeal to the court about the giving of a
development approval for a development application if-

(a) the development application involves impact
assessment; and

(b) the advice agency told the applicant and the
assessment manager to treat its response to the
application as a submission for an appeal.

(2) The appeal must be started within 20 business
days after the day the decision notice or negotiated
decision notice is given to the advice agency as a
submitter.

Appeals for matters arising after approval given
(co-respondents}

4.1.30.(1) For a development approval given for a
development application, a person to whom any of the
following notices have been given may appeal to the
court against the decision in the notice-

(a) a notice giving a decision on a request for extension
of the relevant period for an approval;

(b) a notice giving a decision on a request to make a
minor change to an approval.

(2) The appeal must be started within 20 business
days after the day the notice of the decision is given to
the person.

{3) Subsection (1)(a) does not apply if the approval
resulted from a development application (superseded
planning scheme) that was assessed as if it were an
application under a superseded planning scheme.

(4) Also, a person who has made a request
mentioned in subsection (1) may appeal to the court
against a deemed refusal of the request:

(5) An appeal under subsection (4) may be started at
any time after the last day the decision on the matter
should have been made.

Division 9 - Appeals to court about other matters
Appeals for matters arising after approval given
(no co-respondents)

4.1.31.(4} A person to whom any of the following notices

have been given may appeal to the court against the
decision in the notice-

(a) a notice giving a decision on a request to change or
cancel a condition of a development approval.

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