Decision Notice - 010.2008.00000242.001 [As Published] · 132008.242

                                                                                              2008/242

Division 9 - Appeals to court about other               Appeals by applicants
matters
Appeals for matters arising after approval given
(no co-respondents)                                     4.2.9(1) An applicant for a development application
4.1.31.(1) A person to whom any of the following        may appeal to the Building and Development
notices have been given may appeal to the court         Tribunal against any of the following-
against the decision in the notice-                     (a) the refusal, or the refusal in part, of a
(a) a notice giving a decision on a request to              development application;
    change or cancel a condition of a development       (b) a matter stated in a development approval,
    approval.                                               including any condition applying to the
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(b) a notice under section 6.1.44 giving a decision         development, and the identification of a code
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    to change or cancel a condition of a                    under section 3.1.6;
    development approval.                               (c) the decision to give a preliminary approval when a
                                                              development permit was applied for;
    (2) The appeal must be started within 20
        business days after the day the notice of the   (d) the length of a period mentioned in section 3.5.21
        decision is given to the person.                      currency period;
    (3) Also, a person who has made a request           (e) a deemed refusal.
        mentioned in subsection (1)(a) may appeal          (2) An appeal under subsection (1)(a) to (d) must
        to the court against a deemed refusal of the    be started within 20 business days (the “applicant’s
        request.                                        appeal period”) after the day the decision notice or
                                                        negotiated decision notice is given to the applicant.
    (4) An appeal under subsection (3) may be
        started at any time after the last day the          (3) An appeal under subsection (1)(e) may be
        decision on the matter should have been         started at any time after the last day a decision on the
        made.                                           matter should have been made.
                                                        The Registrar for the Building and Development
Appeals against decisions to change approval
                                                        Tribunal may be contacted at the website
conditions under the repealed Act
                                                        http://www.localgovernment.qld.gov.au/
4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act
may appeal to the court against-
(a) the decision; or
(b) a deemed refusal of the application.
    (2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice
of the decision is to be given to the person.
    (3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on
the matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises
or the erection of a building or other structure
permitted by the planning scheme may appeal to
the court against the decision or the conditions
applied.
    (2) The appeal must be started within 20
business days after the day notice of the decision
is given to the applicant.
For Building Works Only
Rights of appeal conferred by Section 4.2.9 of the
Integrated Planning Act 1997 as follows:
Division 3 – Appeals to tribunals relating to
development applications

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