51994.1308.01

Noosa Council documents



                                                                                                                      51994.1308.01



                                                                              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.




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                                                                                                                                    Print Date: 21 January 2021, 3:52 PM