Decision Letter - Change to an Existing Approval - 010.2007.00001294.002 [As Published] · 142007.1294.02

                                                                                                   2007/1294


                                                    Appeal Rights
                                                    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
4.1.27.(1) An applicant for a development application            4.1.29.(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;1                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         Appeals for matters arising after approval given
started within 20 business days (the “applicant’s appeal         (co-respondents)
period”) after the day the decision notice or negotiated
decision notice is given to the applicant.                       4.1.30.(1) For a development approval given for a
                                                                 development application, a person to whom any of the
    (3) An appeal under subsection (1)(e) may be started
                                                                 following notices have been given may appeal to the
at any time after the last day a decision on the matter
                                                                 court against the decision in the notice-
should have been made.
                                                                 (a) a notice giving a decision on a request for extension
Appeals by submitters
                                                                    of the relevanrt period for an approval;
4.1.28.(1) A submitter for a development application may
                                                                 (b) a notice giving a decision on a request to make a
appeal to the court about-
                                                                    minor change to an approval.
(a) the giving of a development approval, including any
                                                                     (2) The appeal must be started within 20 business
      conditions (or lack of conditions) or other provisions
                                                                 days after the day the notice of the decision is given to
      of the approval; or
                                                                 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       4.1.31.(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.

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