Appeal 26-042 - Lodgement Documents

                                                                              Appeal Rights
                                                                              PLANNING ACT 2016 & PLANNING REGULATION 2017




               Chapter 6 Dispute resolution                                                   (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 –
               Part 1 Appeal rights
                                                                                                  (a) the respondent for the appeal; and
               229 Appeals to tribunal or P&E Court
                                                                                                  (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,
                                                                                                      table 1, item 2 – each principal submitter for the change
                         (iii) only the P&E Court; and                                                application; and
                   (b) The person-                                                                (e) each person who may elect to become a co-respondent for the
                                                                                                      appeal, other than an eligible submitter who is not a principal
                         (i)   who may appeal a matter (the appellant); and
                                                                                                      submitter in an appeal under paragraph (c) or (d); and
                         (ii) who is a respondent in an appeal of the matter; and                 (f)   for an appeal to the P&E Court – the chief executive; and
                         (iii) who is a co-respondent in an appeal of the matter; and             (g) for an appeal to a tribunal under another Act – any other
                         (iv) who may elect to be a co-respondent in an appeal of the                 person who the registrar considers appropriate.
                              matter.                                                         (4) The service period is –
               (2) 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          (5) A notice of appeal given to a person who may elect to be a co-
                       agency; or                                                                 respondent must state the effect of subsection (6).
                   (b) for an appeal against a deemed refusal – at any time after the         (6) A person elects to be a co-respondent by filing a notice of election,
                       deemed refusal happens; or                                                 in the approved form, within 10 business days after the notice of
                   (c) for an appeal against a decision of the Minister, under chapter            appeal is given to the person.
                       7, part 4, to register premises or to renew the registration of        231 Other appeals
                       premises – 20 business days after a notice us published under
                                                                                              (1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
                       section 269(3)(a) or (4); or
                                                                                                  the Supreme Court decides a decision or other matter under this
                   (d) for an appeal against an infrastructure charges notice – 20                Act is affected by jurisdictional error, the decision or matter is non-
                       business days after the infrastructure charges notice is given             appealable.
                       to the person; or
                                                                                              (2) The Judicial Review Act 1991, part 5 applies to the decision or
                   (e) for an appeal about a deemed approval of a development                     matter to the extent it is affected by jurisdictional error.
                       application for which a decision notice has not been given –
                                                                                              (3) A person who, but for subsection (1) could have made an
                       30 business days after the applicant gives the deemed
                                                                                                  application under the Judicial Review Act 1991 in relation to the
                       approval notice to the assessment manager; or
                                                                                                  decision or matter, may apply under part 4 of that Act for a
                   (f)   for any other appeal – 20 business days after a notice of the            statement of reasons in relation to the decision or matter.
                         decision for the matter, including an enforcement notice, is
                                                                                              (4) In this section –
                         given to the person.
                                                                                                  decision includes-
               Note –
                   See the P&E Court Act for the court’s power to extend the appeal               (a) conduct engaged in for the purpose of making a decision; and
                   period.                                                                        (b) other conduct that relates to the making of a decision; and
               (4) Each respondent and co-respondent for an appeal may be heard                   (c) the making of a decision or failure to make a decision; and
                   in the appeal.
                                                                                                  (d) a purported decision; and
               (5) If an appeal is only about a referral agency’s response, the
                   assessment manager may apply to the tribunal or P&E Court to                   (e) a deemed refusal.
                   withdraw from the appeal.                                                      non-appealable, for a decision or matter, means the decision or
               (6) 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,
                   (b) for a decision about an offset or refund-                                      set aside or called into question in any other way under the
                                                                                                      Judicial Review Act 1991 or otherwise, whether by the
                         (i)   the establishment cost of trunk infrastructure identified in           Supreme Court, another court, a tribunal or another entity; and
                               a LGIP; or
                                                                                                  (c) is not subject to any declaratory, injunctive or other order of
                         (ii) the cost of infrastructure decided using the method                     the Supreme Court, another court, a tribunal or another entity
                              included in the local government’s charges resolution.                  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
                                                                                              (2) However, the P&E Court may hear and decide an appeal even if
                   (b) succinctly states the grounds of the appeal.                               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.




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Document Set ID: 24928702
Version: 6, Version Date: 09/07/2026