23576 DA - Decision Notice [As Published] · 132003.221108.2

                                                 Appeal Rights
                                                SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                                REGULATION 2009




The following is an extract from the Sustainable Planning Act 2009 (Chapter 6).

466     Appeals about decisions relating to permissible changes
(1)     For a development approval given for a development application, the following persons may appeal to the
        court against a decision on a request to make a permissible change to the approval—
        (a)       if the responsible entity for making the change is the assessment manager for the application—
                  (i)        the person who made the request; or
                  (ii)       an entity that gave a notice under section 373 or a pre-request response notice about the
                             request;
        (b)       if the responsible entity for making the change is a concurrence agency for the application—the
                  person who made the request.
(2)     The appeal must be started within 20 business days after the day the person is given notice of the decision
        on the request under section 376.
(3)     Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal
        of the request.
(4)     An appeal under subsection (3) may be started at any time after the last day the decision on the matter
        should have been made.




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