Decision Notice - Refusal - 010.2007.00001259.001 [As Published] · 132007.1259

                                                                                           2007/1259


                                              Appeal Rights
                                              INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




The following is an extract from the Integrated           (c) the decision to give a preliminary approval when
Planning Act (Chapter 4).                                     a development permit was applied for;
Division 8 - Appeals to court relating to                 (d) the length of a period mentioned in section
development applications                                      3.5.21 currency period;
Appeals by applicants                                     (e) a deemed refusal.
                                                              (2) An appeal under subsection (1)(a) to (d)
4.1.27.(1) An applicant for a development
                                                          must be started within 20 business days (the
application may appeal to the court against any of
                                                          “applicant’s appeal period”) after the day the
the following-
                                                          decision notice or negotiated decision notice is
(a) the refusal, or the refusal in part, of a             given to the applicant.
    development application;
                                                              (3) An appeal under subsection (1)(e) may be
(b) a matter stated in a development approval,            started at any time after the last day a decision on
    including any condition applying to the               the matter should have been made.
    development, and the identification of a code
                         1                                The Registrar for the Building and Development
    under section 3.1.6;
                                                          Tribunal may be contacted at the website
(c) the decision to give a preliminary approval when      http://www.localgovernment.qld.gov.au/
    a development permit was applied for;
(d) the length of a currency period;
(e) a deemed refusal.
    (2) An appeal under subsection (1)(a) to (d)
must be started within 20 business days (the
“applicant’s appeal period”) after the day the
decision notice or negotiated decision notice is
given to the applicant.
    (3) An appeal under subsection (1)(e) may be
started at any time after the last day a decision on
the matter should have been made.
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
Appeals by applicants
4.2.9(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 in a development approval,
    including any condition applying to the
    development, and the identification of a code
                         2
    under section 3.1.6;


1
   Section 3.1.6 (Preliminary approval may override
  local planning instrument)
2
   Section 3.1.6 (Preliminary approval may override
  local planning instrument)
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