11. Existing DA (2006)

Extract from the Integrated Planning Act 1997

Division 8—Appeals to court relating to development applications
Appeals by applicants

4.1.27 (1) An applicant for a development application may appeal to the court 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;

(c) the decision to give a preliminary approval when a development permit was applied for;

(d) the length of a currency period;

(e) a deemed refusal.

(2) An appeal under subsection (1)(a) to (d) must be started within 20 business days (the
“applicant’s appeal period”) after the day the decision notice or negotiated decision notice is
given to the applicant.

(3) An appeal under subsection (1)(e) may be started at any time after the last day a decision on the
matter should have been made.

Appeals by submitters
4.1.28 (1) Asubmitter for a development application may appeal to the court about -

(a) the giving of a development approval, including any conditions (or lack of conditions) or other
provisions of the approval; or
(b) the length of a currency period for the approval.

(2) The appeal must be started within 20 business days (the “submitter’s appeal period”) after the
day the decision notice or negotiated decision notice is given to the submitter.

(3) If a person withdraws a submission before the application is decided, the person may not appeal
the decision.

(4) If an application involves both impact assessment and code assessment, appeal rights for
submitters are available only for the part of the application involving impact assessment.

Appeals by advice agency submitters

4.1.29 (1) An advice agency may, within the limits of its jurisdiction, appeal to the court about the giving of a
development approval for a development application if -

(a) the development application involves impact assessment; and
(b) the advice agency told the applicant and the assessment manager to treat its response to the
application as a submission for an appeal.

(2) The appeal must be started within 20 business days after the day the decision notice or
negotiated notice is given to the advice agency as a submitter.

Appeals for matters arising after approval given (co-respondents)

4.1.30 (1) For a development approval given for a development application, a person to whom any of the
following notices have been given may appeal to the court against the decision in the notice -

(a) a notice giving a decision on a request for an extension of the currency period for an approval;
(b) a notice giving a decision on a request 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 resulted from a development application
(superseded planning scheme) that was assessed as if it were an application made under a
superseded planning scheme. ,