Negotiated Decision Notice - 010.2007.00001447.001 [As Published] · 132007.1447

                                                            - 11 -                                       2007/1447




                                                 Appeal Rights
                                                INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




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development applications                                             notification under the repealed Act.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