08/0383 - Change to an Existing Approval [As Published] · 142008.383

                                                                                                          2008/383



     Sunsh      in e C o as t                          Appeal Rights
     Regional Council                                  INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




The following is an extract from the Integrated[                       (6) If an application involves assessment against a
Planning Act (Chapter 4).                                          concurrence agency code, appeal rights for submitters
                                                                   for the application are not available against the part of
Division 8 - Appeals to court relating to                          the approval that represents the concurrence agency's
development applications                                           response for the code
Appeals by applicants                                              Appeals by advice agency submitters
41 27 (1) An applicant for a development application               41 29 (1) An advice agency may, within the limits of its
may appeal to the court against any of the following-              jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development          development approval for a development application if-
    application,                                                   (a) the development      application    involves   impact
(b) a matter stated in a development approval, including               assessment, and
    any condition applying to the development, and the             (b) the advice agency told the applicant and the
    identification of a code under section 3 1 6,'                    assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a                application as a submission for an appeal
    development permit was applied for,                               (2) The appeal must be started within 20 business
(d) the length of a relevant period,                               days after the day the decision notice or negotiated
                                                                   decision notice is given to the advice agency as a
(e) a deemed refusal
                                                                   submitter
    (2) An appeal under subsection (1)(a) to (d) must be
started within 20 business days (the "applicant's appeal
                                                                   Appeals for matters arising after approval given
period") after the day the decision notice or negotiated           (co-respondents)
decision notice is given to the applicant                          4 1 30 (1) For a development approval gven for a
    (3) An appeal under subsection (1)(e) may be started           development application, a person to whom any of the
at any time after the last day a decision on the matter            following notices have been given may appeal to the
should have been made                                              court against the decision in the notice-

Appeals by submitters                                              (a) a notice giving a decision on a request for extension
                                                                       of the relevanrt period for an approval,
4 1 28 (1) A submitter for a development application may
appeal to the court about-                                         (b) a notice giving a decision on a request to make a
                                                                       minor change to an approval
(a) the giving of a development approval, including any
    conditions (or lack of conditions) or other provisions             (2) The appeal must be started within 20 business
    of the approval, or                                            days after the day the notice of the decision is given to
                                                                   the person
(b) the length of a relevant period for the approval
                                                                      (3) Subsection (1)(a) does not apply if the approval
    (2) The appeal must be started within 20 business              resulted from a development application (superseded
days (the "submitters appeal period") after the day the            planning scheme) that was assessed as if it were an
decision notice or negotiated decision notice is given to          application under a superseded planning scheme
the submitter
                                                                      (4) Also, a person who has made a request
    (3) If a person withdraws a submission before the
                                                                  mentioned in subsection (1) may appeal to the court
application is decided, the person may not appeal the
                                                                  against a deemed refusal of the request
decision
                                                                     (5) An appeal under subsection (4) may be started at
   (4) If an application involves both impact assessment
                                                                  any time after the last day the decision on the matter
and code assessment, appeal rights for submitters are
                                                                  should have been made
available only for the part of the application involving
impact assessment                                                 Division 9 - Appeals to court about other matters
    (5) If an application is processed under section              Appeals for matters arising after approval given
6 1 28(2), appeal rights for submitters for the application       (no co-respondents)
are available only for the aspects of the development that        41 31 (1) A person to whom any of the following notices
would have required public notification under the                 have been given may appeal to the court against the
repealed Act                                                      decision in the notice-
                                                                  (a) a notice giving a decision on a request to change or
                                                                      cancel a condition of a development approval
 Section 3 1 6 (Preliminary approval may override local
 planning instrument)
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