Eco Access Response - Attached to Change to an Existing Approval · 142008.1704.4

ecoaccess

environmental licences and pernits

Notice
Change to an existing approval

 

APPEAL RIGHTS - Extract from the integrated Planning Act 1997

Division 8—Appeals to court relating to development applications
4.1.27 Appeals by applicants
(1) An applicant for a development application may appeal to the court 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 under section 3.1.6;
(c) the decision to give a preliminary approval when 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.

4.1.28 Appeals by submitters
(1) A submitter for a development application may appeal to the court only against -
(a) the part of the approval relating to the assessment manager's decision under section 3.5.14 or
3.5.14A; or
(b) for an application processed under section 6.1.28(2) ~ the part of the approval about the aspects of
the development that would have required public notification under the repealed Act.
(2) To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the
following-
(a) the giving of a development approval;
(b) any provision of the approval including-
(i) a condition of, or lack of condition for, the approval; or
(ti) the length of a currency period for the approval.
(3) However, a submitter may not appeal if the submitter-
(a) withdraws the submission before the application is decided; or
(b) has given the assessment manager a notice under section 3.5.19(1)(b)(ii).
(4) The appeal must be started within 20 business days (the “submitter’s appeal period”) after the
decision notice or negotiated decision notice is given to the submitter.

4.1.29 Appeals by advice agency submitters

(1) Subsection (1A) applies if an advice agency, in its response for an application, told the assessment
manager fo treat the response as a properly made submission.

(1A)The advice agency may, within the limits of its jurisdiction, appeal to the court about any part of the

approval relating to the assessment manager's decision under section 3.5.14 or 3.5.14A.

(3) The appeal must be started within 20 business days after the day the decision notice or negotiated
notice is given to the advice agency as a submitter.

(4) However, if the advice agency has given the assessment manager a notice under section 3.5.19(1)(b)(ii),
the advice agency may not appeal the decision.

4.1.30 Appeals for matters arising after approval given (co-respondents)

(1) For a development approval given for a development application, a person to whom any of the following
notices have been given may appeal to the court against the decision in the notice -
(a) a notice giving a decision on a request for an extension of the currency period for an approval;
(b) a notice giving a decision on a request to make a minor change to an approval.

(2) The appeal must be started within 20 business days after the day the notice of the decision is given to
the person.

(3) Subsection (1)(a) does not apply if the approval resulted from a development application (superseded
planning scheme) that was assessed as if it were an application made under a superseded planning
scheme.

 

Page 4 of 7 * AD080109 Department of Environment and Resource Management