Negotiated Decision Notice [As Published] · 132009.1270

                                                                                                  2009/1270

(b) a notice under section 6.1.442 giving a decision to        (c) the decision to give a preliminary approval when a
    change or cancel a condition of a development                    development permit was applied for;
    approval.                                                  (d) the length of a period mentioned in section 3.5.21
    (2) The appeal must be started within 20 business                relevant period;
       days after the day the notice of the decision is        (e) a deemed refusal.
       given to the person.
                                                                   (2) An appeal under subsection (1)(a) to (d) must be
    (3) Also, a person who has made a request                  started within 20 business days (the “applicant’s appeal
       mentioned in subsection (1)(a) may appeal to the        period”) after the day the decision notice or negotiated
       court against a deemed refusal of the request.          decision notice is given to the applicant.
    (4) An appeal under subsection (3) may be started at           (3) An appeal under subsection (1)(e) may be started
       any time after the last day the decision on the         at any time after the last day a decision on the matter
       matter should have been made.                           should have been made.
Appeals against decisions to change approval conditions        The Registrar for the Building and Development
under the repealed Act                                         Tribunal may be contacted at the website
4.1.33A.(1) A person who is dissatisfied with a decision       http://www.localgovernment.qld.gov.au/
made on an application to change the conditions
attached to an approval given under section 2.19(3)or          For Infrastructure Charges Only
section 4.4 of the repealed Act may appeal to the court        4.1.36 Appeals about particular infrastructure
against-                                                       charges
(a) the decision; or                                           (1) This section applies to a person who has been
(b) a deemed refusal of the application.                       given, and is dissatisfied with, an infrastructure charges
                                                               notice or a regulated State infrastructure charges notice.
    (2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of        (2) The person may appeal to the court against the
the decision is to be given to the person.                     notice.
    (3) An appeal under subsection (1)(b) may be started       (3) The appeal must be started within 20 business days
at any time after the last day a decision on the matter        after-
should have been made.                                         (a) if the notice is given because of a development
Appeals against local laws                                          approval or master plan approval-the day the
                                                                    applicant is given notice of the decision about the
4.1.33B.(1) An applicant who is dissatisfied with a                 approval; or
decision of a local government or the conditions applied
under a local law about the use of premises or the             (b)    otherwise-the day the notice is given to the person.
erection of a building or other structure permitted by the     (4)    An appeal under this section may only be about-
planning scheme may appeal to the court against the            (a) whether a charge in the notice is so unreasonable
decision or the conditions applied.                                that no reasonable relevant local government, State
   (2) The appeal must be started within 20 business               infrastructure provider or coordinating agency could
days after the day notice of the decision is given to the          have imposed it; or
applicant.                                                     (b) an error in the calculation of the charge.
For Building Works Only                                        (5) To remove any doubt, it is declared that an appeal
Rights of appeal conferred by Section 4.2.9 of the             under this section can not be about the methodology
Integrated Planning Act 1997 as follows:                       used to establish the charge in the relevant infrastructure
                                                               charges schedule or regulated State infrastructure
Division 3 – Appeals          to   tribunals   relating   to
                                                               charges schedule.
development applications
Appeals by applicants
4.2.9(1) An applicant for a development application may
appeal to the Building and Development Tribunal against
any of the following-
(a) the refusal, or the refusal in part, of a development
    application;

(b) a matter stated in a development approval, including
    any condition applying to the development, and the
    identification of a code under section 3.1.6;3

2
  Section 6.1.44 (Conditions may be changed or cancelled
by assessment manager or concurrence agency in certain
circumstances)
3
   Section 3.1.6 (Preliminary approval may override local
planning instrument)
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