2018-11-12 General Committee Meeting Agenda

GENERAL COMMITTEE MEETING AGENDA   12 NOVEMBER 2018




                                        Page 55 of 84

GENERAL COMMITTEE MEETING AGENDA                                                 12 NOVEMBER 2018

                                                                                     2007/2446

     (b) a notice under section 6.1.44° giving a decision to (c) the decision to give a preliminary approval when a
        change or cancel a condition of a development         development permit was applied for:
        approval.                                          (d) the length of a period mentioned in section 3.5.21
         (2) The appeal must be started within 20 business   relevant period;
           Gays   er the day the notice of the decision is (e) a deemed refusal.
           given to the person.                                                      |
         (3) Also, @ person who has made a request        stared eather 20 business daye (he “onphioats appeal
                                                               An appeal under subsection (1)(a) to   be
           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.
        (0 ne anette lnel day be Cun on be                   (3) An appeal under subsection (1}(e) may be started
           ay         have been       decssion            at any time after the last day 3 decision on the matter
     Appeals against decisions to change approval conditions The Registrar for the Building and Development
      118A) & percon who     dissatisfied with a decision hte now locale                 oau,         '
      made on an applica6on to change the conditions      nie                          aon
      attached to an approval given under section 2.18(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     section 4.4 of the repealed Act may appeal to the court 4.1.36 Appeals about particular infrastructure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
      (a) the decision; or                                 (1) This section applies to a person who has been
     (b) a deemed refusal of the application.             given, and is dissatisfied with, an infrastructure charges
         (2) An appeal under subsection (1)(3) 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 decssion about the
     decision of a local goverment or the conditions applied  approval, or         a
     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 apped’ to the court against the   (a) whether a charge in the notice is so unreasonable
            or            appied.                            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 Oe elevant nfastructre
     Division 3 - Appeals to tribunals rejating to        charges schedule or regulated infrastructure
     development applications                             charges schedule.
      Appeals by applicants
     42.3(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 im a development approval, including
        any condition applying to the development. and the
         identification of a code under section 3.1.6:°

      ? Section 6.1.44 (Conditions may be changed or
       cancelled by assessment manager or concurrence
      agency in certain circumstances)
      * Section 3.1.6 (Preliminary approval may override local
      Planning insttument)
                                                                                  Page 17 of 17

                                                                                        Page 55 of 84