08/0774 - Decision Notice [As Published] · 142008.774

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    (5) An appeal under subsection (4) may be                 Rights of appeal conferred by Section 4.2.9 of the
        started at any time after the last day the            Integrated Planning Act 1997 as follows:
        decision on the matter should have been               Division 3 – Appeals to tribunals relating to
        made.                                                 development applications
Division 9 - Appeals to court about other                     Appeals by applicants
matters
                                                              4.2.9(1) An applicant for a development application
Appeals for matters arising after approval given              may appeal to the Building and Development
(no co-respondents)                                           Tribunal against any of the following-
4.1.31.(1) A person to whom any of the following              (a) the refusal, or the refusal in part, of a
notices have been given may appeal to the court                   development application;
against the decision in the notice-
                                                              (b) a matter stated in a development approval,
(a) a notice giving a decision on a request to                    including any condition applying to the
    change or cancel a condition of a development                 development, and the identification of a code
    approval.                                                     under section 3.1.6;
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(b) a notice under section 6.1.44 giving a decision           (c) the decision to give a preliminary approval when a
    to change or cancel a condition of a                            development permit was applied for;
    development approval.
                                                              (d) the length of a period mentioned in section 3.5.21
    (2) The appeal must be started within 20                        currency period;
        business days after the day the notice of the         (e) a deemed refusal.
        decision is given to the person.
                                                                  (2) An appeal under subsection (1)(a) to (d) must
    (3) Also, a person who has made a request                 be started within 20 business days (the “applicant’s
        mentioned in subsection (1)(a) may appeal             appeal period”) after the day the decision notice or
        to the court against a deemed refusal of the          negotiated decision notice is given to the applicant.
        request.
                                                                  (3) An appeal under subsection (1)(e) may be
    (4) An appeal under subsection (3) may be                 started at any time after the last day a decision on the
        started at any time after the last day the            matter should have been made.
        decision on the matter should have been               The Registrar for the Building and Development
        made.                                                 Tribunal may be contacted at the website
Appeals against decisions to change approval                  http://www.localgovernment.qld.gov.au/
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act
may appeal to the court against-
(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


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