SUPERSEDED Negotiated Decision Notice - 010.2008.00000256.001 [As Published] · 142008.256

                                                                                             2008/256



Division 9 - Appeals to court about other matters          Appeals by applicants
Appeals for matters arising after approval given           4.2.9(1) An applicant for a development application
(no co-respondents)                                        may appeal to the Building and Development Tribunal
4.1.31.(1) A person to whom any of the following           against 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 to change      (a) the refusal, or the refusal in part, of a development
    or cancel a condition of a development approval.           application;
                                   2
(b) a notice under section 6.1.44 giving a decision to
    change or cancel a condition of a development          (b) a matter stated in a development approval,
    approval.                                                  including any condition applying to the
    (2) The appeal must be started within 20 business          development, and the identification of a code
                                                                                    3
        days after the day the notice of the decision is       under section 3.1.6;
        given to the person.                               (c) the decision to give a preliminary approval when a
    (3) Also, a person who has made a request                  development permit was applied for;
        mentioned in subsection (1)(a) may appeal to       (d) the length of a period mentioned in section 3.5.21
        the court against a deemed refusal of the              currency period;
        request.
                                                           (e) a deemed refusal.
    (4) An appeal under subsection (3) may be started
                                                               (2) An appeal under subsection (1)(a) to (d) must
        at any time after the last day the decision on
                                                           be started within 20 business days (the “applicant’s
        the matter should have been made.
                                                           appeal period”) after the day the decision notice or
Appeals against decisions to change approval               negotiated decision notice is given to the applicant.
conditions under the repealed Act
                                                               (3) An appeal under subsection (1)(e) may be
4.1.33A.(1) A person who is dissatisfied with a            started at any time after the last day a decision on the
decision made on an application to change the              matter should have been made.
conditions attached to an approval given under
                                                           The Registrar for the Building and Development
section 2.19(3)or section 4.4 of the repealed Act may
                                                           Tribunal may be contacted at the website
appeal to the court against-
                                                           http://www.localgovernment.qld.gov.au/
(a) the decision; or
(b) a deemed refusal of the application.
    (2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of
the decision is to be given to the person.
    (3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on the
matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises or
the erection of a building or other structure permitted
by the planning scheme may appeal to the court
against the decision or the conditions applied.
    (2) The appeal must be started within 20 business
days after the day notice of the decision is given to
the applicant.
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

2
  Section 6.1.44 (Conditions may be changed or cancelled   3
by assessment manager or concurrence agency in certain        Section 3.1.6 (Preliminary approval may override local
circumstances)                                             planning instrument)
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