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2021-05-11 Planning & Environment Committee Meeting Agenda
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PLANNING AND ENVIRONMENT COMMITTEE MEETING AGENDA 11 MAY 2021
Page 39 of 64
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S Appeal Rights
4 mM CO U a 'S I iL PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (3) The appellant or, for an appeal to a tribunal, the registrar must,
Part 4 Appeal rights 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
(1) Schedule 4 of the Planning Act 2016 states - (b) each co-respondent for the appeal; and
= (c) for an appeal about a development application under schedule
(2) ‘Matters that may be:appeaied 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
y 5 1 1 1 13 3 1473 1174 116 21 96 application;
5 1 1 1 13 4 1597 1174 37 17 96 and
4 1 1 1 14 0 582 1199 1521 36 -1
5 1 1 1 14 1 582 1200 27 20 61 (b)
5 1 1 1 14 2 628 1199 40 17 52 Ths
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) whois a respondent in an appeal of the matter; and submitter in an appeal under paragraph (c) or (d); and
(ili), who is a co-respondent in an appeal of the matter; and () for an appeal tothe P&E Court — the chief executive; and
j Z (g) for an appeal to a tribunal under another Act — any other
(iv) ang Ry elect to be a co-respondent in an appeal of the person who the registrar considers appropriate.
(2) An appellant may start an appeal within the appeal period. (4) The service period is —
aa (a) ifa 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) Lo ey eer ‘ ee (b) otherwise - 10 business days after the appeal is started.
agency; or (5) A notice of appeal given to a person who may elect to be a co-
(b) for an appeal against a deemed refusal — at any time after the Tespondent must state the efter orsubsechor (9).
deemed refusal happens; or (6) A person elects to be a co-respondent by filing a notice of election,
(c) for an appeal against a decision of the Minister, under chapter an ii a 10:busmess: days after the notice: of
7, part 4, to register premises or to renew the registration of PP 9 P .
premises — 20 business days after a notice us published under 231 Other appeals
SECON. 2ASHS) oF (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
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to 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 — matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
; 4 (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-
cate REA COUT ACETOG TNE COIS DOWSE CA OxTOIKE LG Soa (a) conduct engaged in for the purpose of making a decision; and
(4) Each respondent and co-respondent for an appeal may be heard (b) other conduct that relates to the making of a decision; and
in the appeal. (c) the making ofa decision or failure to make a decision; and
(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
withdraw from the appeal. (e) adeemed refusal.
(6) To remove any doubt. It is declared that an appeal against an a for a decision or matter, means the decision or
infrastructure charges notice must not be about-
(a) the adopted charge itself: or (a) is final and conclusive; and
(b) for a decision about an offset or refund- (b) may not be challenged, appealed against, reviewed, quashed,
set 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
included in the local government's charges resolution. the Supreme Court, another court, a tribunal or another entity
230 Notice of appeal on‘ahy:ground.
(1) An appellant starts an appeal by lodging, with the registrar of the 232 Rules of the P&E Court
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
(a) isin the approved form; and rules of the court that apply to the appeal.
(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. . P
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Document Set ID: 21322318 9
Version: 2, Version Date: 17/12/2020
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