SUPERSEDED Decision Notice - Approved by Delegation of Authority MCU20/0021 [As Published]

                                                                            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
                   (a) Matters that may be appealed to –
                                                                                                      schedule 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
                         (i)   who may appeal a matter (the appellant); and                           the appeal, other than an eligible submitter who is not a
                                                                                                      principal submitter in an appeal under paragraph (c) or (d);
                         (ii) who is a respondent in an appeal of the matter; and
                                                                                                      and
                         (iii) who is a co-respondent in an appeal of the matter; and
                                                                                                  (f)   for an appeal to the P&E Court – the chief executive; and
                         (iv) who may elect to be a co-respondent in an appeal of the
                                                                                                  (g) for an appeal to a tribunal under another Act – any other
                              matter.
                                                                                                      person who the registrar considers appropriate.
               (2) An appellant may start an appeal within the appeal period.
                                                                                              (4) The service period is –
               (3) The appeal period is –
                                                                                                  (a) if a submitter or advice agency started the appeal in the P&E
                   (a) for an appeal by a building advisory agency – 10 business                      Court – 2 business days after the appeal has started; or
                       days after a decision notice for the decision is given to the
                                                                                                  (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
                                                                                                  respondent must state the effect of subsection (6).
                       the deemed refusal happens; or
                                                                                              (6) A person elects to be a co-respondent by filing a notice of
                   (c) for an appeal against a decision of the Minister, under
                                                                                                  election, in the approved form, within 10 business days after the
                       chapter 7, part 4, to register premises or to renew the
                                                                                                  notice of appeal is given to the person.
                       registration of premises – 20 business days after a notice us
                       published under section 269(3)(a) or (4); or                           231 Other appeals
                   (d) for an appeal against an infrastructure charges notice – 20            (1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
                       business days after the infrastructure charges notice is given             the Supreme Court decides a decision or other matter under this
                       to the person; or                                                          Act is affected by jurisdictional error, the decision or matter is
                                                                                                  non-appealable.
                   (e) for an appeal about a deemed approval of a development
                       application for which a decision notice has not been given –           (2) The Judicial Review Act 1991, part 5 applies to the decision or
                       30 business days after the applicant gives the deemed                      matter to the extent it is affected by jurisdictional error.
                       approval notice to the assessment manager; or
                                                                                              (3) A person who, but for subsection (1) could have made an
                   (f)   for any other appeal – 20 business days after a notice of the            application under the Judicial Review Act 1991 in relation to the
                         decision for the matter, including an enforcement notice, is             decision or matter, may apply under part 4 of that Act for a
                         given to the person.                                                     statement of reasons in relation to the decision or matter.
               Note –                                                                         (4) In this section –
                   See the P&E Court Act for the court’s power to extend the appeal               decision includes-
                   period.
                                                                                                  (a) conduct engaged in for the purpose of making a decision;
               (4) Each respondent and co-respondent for an appeal may be heard                       and
                   in the appeal.
                                                                                                  (b) other conduct that relates to the making of a decision; and
               (5) If an appeal is only about a referral agency’s response, the
                                                                                                  (c) the making of a decision or failure to make a decision; and
                   assessment manager may apply to the tribunal or P&E Court to
                   withdraw from the appeal.                                                      (d) a purported decision; and
               (6) To remove any doubt. It is declared that an appeal against an                  (e) a deemed refusal.
                   infrastructure charges notice must not be about-
                                                                                                  non-appealable, for a decision or matter, means the decision or
                   (a) the adopted charge itself; or                                              matter-
                   (b) for a decision about an offset or refund-                                  (a) is final and conclusive; and
                         (i)   the establishment cost of trunk infrastructure identified in       (b) may not be challenged, appealed against, reviewed,
                               a LGIP; or                                                             quashed, set aside or called into question in any other way
                                                                                                      under the Judicial Review Act 1991 or otherwise, whether by
                         (ii) the cost of infrastructure decided using the method
                                                                                                      the Supreme Court, another court, a tribunal or another
                              included in the local government’s charges resolution.
                                                                                                      entity; and
               230 Notice of appeal
                                                                                                  (c) is not subject to any declaratory, injunctive or other order of
               (1) An appellant starts an appeal by lodging, with the registrar of the                the Supreme Court, another court, a tribunal or another entity
                   tribunal or P&E Court, a notice of appeal that-                                    on any ground.
                   (a) is in the approved form; and                                           232 Rules of the P&E Court
                   (b) succinctly states the grounds of the appeal.                           (1) A person who is appealing to the P&E Court must comply with the
                                                                                                  rules of the court that apply to the appeal.
               (2) The notice of appeal must be accompanied by the required fee.
                                                                                              (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




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Document Set ID: 21280390
Version: 4, Version Date: 30/10/2020