Demolition Decision Notice · OPW16/0051

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[OCR of page images]
Appeal Rights

[Application No ]

 

SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act
2009 - Chapter 7, Division 6 - "Appeals to committees about
building, plumbing and drainage and other matters”

FOR BUILDING WORKS ONLY

Subdivision 1 Preliminary

526 Matters about which a person may appeal under div 6
An appeal to a building and development committee under this
division may only be about—

(a) @ matter under this Act that relates to the Building Act,
other than a matter under that Act that may or must be decided
by the Queensland Building Services Authority, or the
Plumbing and Drainage Act 2002; or

(b) a matter that under another Act may be appealed to a
building and development committee; or

(c) a matter prescribed under a regulation.

Note—

For appeals against the Queensland Building Services
Authonity’s decisions under the Building Act, see the Building
Act, section 189

{Appeals to Commercial and Consumer Tribunal about
decisions under pt 3).

Subdivision 2 Appeals about development applications
and approvals

527 Appeals by applicants

(1) An applicant for a development application may appeal to a
building and development committee against any of the
following—

(a) the refusal, or the refusal in part, of the application;

(b) any condition of the development approval and another
matter, other than the identification or inclusion of a code
under section 242, stated in the development approval;

(c) the decision to give a preliminary approval when a
development permit was applied for;

(d) the length of a period mentioned in section 341;

(@) a deemed refusal of the application.

(2) An appeal under subsection (1)(a), (b), (c) or (d) must be
started within 20 business days (the applicant's appeal
period) after—

(a) if a decision notice or negotiated decision notice is given—
the day the decision notice or negotiated decision notice is
given to the applicant; or

(b) otherwise—the day a decision notice was required to be
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.

529 Appeal about decision relating to extension for
development approval

(1) For a development approval given for a development
application, a person to whom a notice is given under section
389, other than a notice for a decision under section 386(2),

may appeal to a building and development committee against
a decision in the notice.

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

531 Appeals about changing or cancelling conditions
imposed by assessment manager or concurrence agency
(1) A person to whom a notice under section 378(9)(b), giving
a decision to change or cancel a condition of a development
approval, has been given may appeal to a building and
development committee against the decision in the notice.

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

532 Appeals for building and plumbing and drainage
matters

(1) H#- .

(a) a person has been given, or is entitled to be given—

{i) an information notice under the Building Act about a
decision other than @ decision under that Act made by the
Queensland Building Services Authority; or

(i) an information notice under the Plumbing and Drainage Act
2002 about a decision under part 4 or 5 of that Act; or

(b) & person—

(i) was an applicant for a building development approval; and
(ii) is dissatisfied with a decision under the Building Act by a
building certifier or referral agency about inspection of building
work the subject of the approval; the person may appeal
against the decision to a building and development committee.
(2) An appeal under subsection (1) must be started within 20
business days after the day the person is given notice of the
decision,

(3) #—

(a) under the Building Act, a person makes an application
other than a building development application to a local
government; and

(b) the period required under that Act for the local government
to decide the application (the decision period) has passed;
and

(c) the local government has not decided the application;

the person may appeal to a building and development
committee against the lack of the decision and for the
committee to decide the application as if it were the local
government.

(4) An appeal under subsection (3) must be started within 20
business days after the end of the decision period.

The Registrar for the Building and Development Tribunal
may be contacted at the website
http:/www.localgovernment.qid.gov.aul

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