Change to existing approval OPW12 0139 01 DACdaDN 1032434 [As Published] · OPW12/0139.01

                                                                                                          OPW12/0139.01



                                                           Appeal Rights
                                                           SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                                           REGULATION 2009



               The following is an extract from the Sustainable
               Planning Act 2009 (Chapter 7)


               466       Appeals about decisions             relating   to
                         permissible changes
               (1)       For a development approval given for a
                         development application, the following persons
                         may appeal to the court against a decision on a
                         request to make a permissible change to the
                         approval—
                         (a)       if the responsible entity for making the
                                   change is the assessment manager for
                                   the application—
                                   (i)       the person who made the
                                             request; or
                                   (ii)      an entity that gave a notice
                                             under section 373 or a pre-
                                             request response notice about
                                             the request;
                         (b)       if the responsible entity for making the
                                   change is a concurrence agency for the
                                   application—the person who made the
                                   request.
               (2)       The appeal must be started within 20 business
                         days after the day the person is given notice of
                         the decision on the request under section 376.
               (3)       Also, a person who has made a request under
                         section 369 may appeal to the court against a
                         deemed refusal of the request.
               (4)       An appeal under subsection (3) may be started at
                         any time after the last day the decision on the
                         matter should have been made.




                                                                                                            Page 5 of 5


Document Set ID: 19819105
Version: 1, Version Date: 03/11/2014