Decision Notice - Change to an Existing Approval - Concurrence Agency - DERM - Ecoaccess [As Published] · 142008.1704.03

   2008/1704




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2008/1704

 

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ecoaccess

ONG TOR. Ranh SoeNERE 460 permis

Notice
Change ta an existing approval

APPEAL RIGHTS ~ Extract from Ihe infsgrsted Planning Act 1997

ion &—Appeals to court relating to devalopment applications
4.1.27 Appeals by applicants
(1} An applicant for 3 davelopment application. may appeal to dhe court agains! any of the following -
(a) the refusal, or the refusal in part, of a development application;
{b) a matter stated in a developriunt approval, including any candition applying to the development, and
ihe identification of a coda under section 3.1.6;
(c) the decision te give a preliminary approval whan a development pammit was appsted for:
(0) the length of a currency pericd;
(s) 4 deemed refusal. :
{2) An uppeat under subsection (1)a) to (d) must be started within 20 business days (the “applicant's
appeal period”) after the day the decision natice or negotiated decision notice is given to the applicant.
(3) An appeal under subsection (1%o) m may be slarted at any time after the last day a decision on the matter .
should heve been medo.

 

 

- 41.28 Appeals by submitters
(4} A submitter tor a development applicalion may appwal to Ihe court only against -
{a} the part of the approval relating to the assessment manager's decision under sectivn.3.5.14 or
3.5.444; of
{b} for an application processed under sectian 6.1 78(2) - {he part of Ihe appraval About Ihy aspects of
tha development! lhal would have required public notification under the repealed Act.
{2) To the extent an appeal may be made under subsection (1), (he appeal may be against 1 or more of the
fallowing- : -
(a) the giving of adevelopment approval; .
(b) any provision of the approvat including-
da condition of, or [ack of condition tor, tha approval; or
(fi) the lencth of a currency period for the approval.
(3} However, A submillar may Rot appeal If the submifier-
.{a) withdraws the submission beiors tha apptication is decided: or.
(b} has given the assessment managera moive under section 3.5.19{1){b}ii).
{4) The appeal must be slaried within 20 businoss days (the “submitters appeal Period") after the
decision notice or negotiated decision Notice is given to the subentttar.

4.1.29 Appasals by advice agency submitters

(1) Subsection (1A) applies if an advice agency, in Ils response for an application, toké the assessment
Manager to treat the response as 3 properly mara submission.

(A}The advice agency may. within the limits of ifs jurisdiction, appeal to the court aboul any part of the

approval retuling lv the assessment manager's decision under section 3.5.14 or 3.5.14A,

(3) The appeel- must be started within 20 business days after the day the decision notice or negotiated
notice is given to the advine agency as a subinitter.

{4) However, if the advice agency has given the assessment manager a notlee under section 3.5.19(1}(by(ii).
the advice agency may not appeal tne dycision, .

»

6.1.30 Appaals for malters arising after approval given {co+respondents).

(1) For a development approval given for a development application, 3 person to whom any of the following
fotices have been given may sppaal to the cour agains! the decision in the neues ~ -
(a} a notca ghing a decision on a request for an exlensian af the currency period fur an approval;
(b} a notice giving 2 declslon on arequest to make a minor change to an approval. "

(2) The appeal must be started within 20° business days after the day the notice of the decision Is given to
the person.

(3} Subsection (1 {a} does not apply if the approval resulled from a development application (superseded
planning schame} that was assessed as ff it were an application made under a superseded planning
scheme, . =

 

Pape 4ofT~ ADOBOTS * Department of Envtrooment and Reeource Management

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