Decision Notice - 010.2008.00000611.001 [As Published] · 142008.611

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                                              Appeal Rights
                                             INTEGRATED PLANNING ACT 1997 & 1998 REGULATION



                                                                  (5) If an application is processed under section
The following is an extract from the Integrated               6.1.28(2), appeal rights for submitters for the
Planning Act (Chapter 4).                                     application are available only for the aspects of the
                                                              development that would have required public
Division 8 - Appeals to court relating to
                                                              notification under the repealed Act.
development applications
Appeals by applicants                                             (6) If an application involves assessment
4.1.27.(1) An applicant for a development                     against a concurrence agency code, appeal rights
application may appeal to the court against any of            for submitters for the application are not available
the following-                                                against the part of the approval that represents the
(a) the refusal, or the refusal in part, of a                 concurrence agency’s response for the code.
    development application;                                  Appeals by advice agency submitters
(b) a matter stated in a development approval,                4.1.29.(1) An advice agency may, within the limits
    including any condition applying to the                   of its jurisdiction, appeal to the court about the
    development, and the identification of a code             giving of a development approval for a
                         1
    under section 3.1.6;                                      development application if-
(c) the decision to give a preliminary approval               (a) the development application involves impact
    when a development permit was applied for;                    assessment; and
(d) the length of a currency period;                          (b) the advice agency told the applicant and the
(e) a deemed refusal.                                             assessment manager to treat its response to
                                                                  the application as a submission for an appeal.
    (2) An appeal under subsection (1)(a) to (d)
must be started within 20 business days (the                      (2) The appeal must be started within 20
“applicant’s appeal period”) after the day the                business days after the day the decision notice or
decision notice or negotiated decision notice is              negotiated decision notice is given to the advice
given to the applicant.                                       agency as a submitter.
    (3) An appeal under subsection (1)(e) may be              Appeals for matters arising after approval given
started at any time after the last day a decision on          (co-respondents)
the matter should have been made.                             4.1.30.(1) For a development approval given for a
Appeals by submitters                                         development application, a person to whom any of
                                                              the following notices have been given may appeal
4.1.28.(1) A submitter for a development
                                                              to the court against the decision in the notice-
application may appeal to the court about-
                                                              (a) a notice giving a decision on a request for
(a) the giving of a development approval, including
                                                                  extension of the currency period for an
    any conditions (or lack of conditions) or other
                                                                  approval;
    provisions of the approval; or
                                                              (b) a notice giving a decision on a request to make
(b) the length of a currency period for the approval.
                                                                  a minor change to an approval.
    (2) The appeal must be started within 20
                                                                  (2) The appeal must be started within 20
business days (the “submitters appeal period”)
                                                                      business days after the day the notice of the
after the day the decision notice or negotiated
                                                                      decision is given to the person.
decision notice is given to the submitter.
                                                                  (3) Subsection (1)(a) does not apply if the
    (3) If a person withdraws a submission before
                                                                      approval resulted from a development
the application is decided, the person may not
                                                                      application (superseded planning scheme)
appeal the decision.
                                                                      that was assessed as if it were an
    (4) If an application involves both impact                        application under a superseded planning
assessment and code assessment, appeal rights                         scheme.
for submitters are available only for the part of the
                                                                  (4) Also, a person who has made a request
application involving impact assessment.
                                                                      mentioned in subsection (1) may appeal to
                                                                      the court against a deemed refusal of the
                                                                      request.
1
     Section 3.1.6 (Preliminary approval may override
    local planning instrument)
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