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2015-05-26 Planning & Organisation Committee Agenda
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
Page 87 of 171
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
MCU12/0012
|Su nshine Coast — Appeal Rights
Regional Council Raa ACT 2009 & SUSTAINABLE PLANNING
The following is an extract from the Sustainable Planning Act, {2) A submitter of @ properly made submission for the
2009 (Chapter 7), application may appeal to the court about a referral
agency's response made by 8 prescribed concurrence
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & agency for the application.
OPERATIONAL WORKS (3) However, the submitter may only appeal against a
referral agency's response to the extent it relates to—
Division 8 Appeals to court relating to {a} it the prescnbed concurrence agency is the chief
development applications and executive (environment}—development for an
approvals aquacultural ERA: or
7 {b) if the prescnbed concurrence agency is the chief
461 = Appeals by applicants executive (fisheries)—development that is—
(1) An applicant for a development application may appeal (i) @ material change of use of premises for
to the court against any of the following— aquaculture; or
(a) the refusal, of the refusal in part, of the (ii) operational work that is the removal, damage
evelopment application; or destruction of a manne plant.
{b) any condition of a development approval. another (4) Despite saction 462(1), the submitter may appeal
matter stated in a development approval and the against the following matters for the application even it
identification or inclusion of a code under section the matters relate to code assessment—
242: . ‘ {a} @ decision about a matter mentioned in section
(c) the decision to give a preliminary approval when a 462(2) if it is a decision of the chief executive
Gevelopment permit was applied for; (fisheries);
(4) the length of @ period mentioned in section 341; (>) @ referral agency's response mentioned in
fe} @ deemed refusal of the development application subsection (2).
(2) An appeal under subsection (1}(8), (b), (c) of (4) must
be started within 20 business days (the applicant's 464 Appeals by advice agency submitters
appeal period) after— (1) Subsection (2) applies if an advice agency. in its
{a) If @ decision notice or negotiated decision notice response for an application, toké the assessment
's given—the cay the decision notice or manager to treat the response as a properly made
negotiated decision notice is given to the submission
applicant; or ; (2) The advice agency may, within the limits of its
{b) otherwise—the day & decision notice was jurisdiction, appeal to the court about—
required to be given te the applicant, (a) ny part of the approval relating to the assessment
{3) An appeal under subsection (1)(¢) may be started at manager's decision about any part of the
any time after the last day a decision on the matter application requinng impact assessment under
should nave been made section 314: or
(>) any part of the approval relating to the assessment
462 Appeals by submitters—general manager's decision under section 327
(1) A submitter for a development application may appeal = (3) The appeal must be staried within 20 business days
to the court only againsi— after the day the decision notice or negotiated decision
(a) the part of the approval relating to the notice is given to the advice agency as a submitter,
assessment managers decision about any partof (4) However, if the advice agency has given the
the application requiring impact assessment assessment manager 6 notice under section
under section 314: or 339(1)b)N), the advice agency may not appeal the
(b) the part of the approval relating to the decision
assessment manager's decision under section
327 466 Is about decisions relating to extensions for
(2) Ta the extent an appeal may be made under pe scorent
subsection (1), the appeal may be against formore of = (1) For a development approval given for a development
the folowing— application, @ person to whorn 2 notice is given under
(a) the giving of a development approval section 389, other than a notice for a decision under
(B) any provision of the approval inclucing— section 386(2), may appeal to the court against the
(i) & condition of, or lack of condition for, the dacision in the notice.
approval; or (2) The appeal must be started within 20 business days
(t) the length of & period mentioned in section after the day the notice of the dacision is given to the
341 for the approval. parson.
(3) However, a submitter may not appeal ifthe submitier— = (3) Also, 8 person who has made a request under section
{a) withdraws the submission before the application 383 may appeal to the court against a deemed refusal of
is decided, or the request.
(6) has given the assessrnent manager 8 notice (4) An appeal under subsection (3) may be started at any
under section 339) 1)(b\(il) time after the last day the decision on the matter should
(4) The appeai must be started within 20 business days (the have been made.
submitter's appeal period) atter the decision notice or
negotiated decision notice is given to the submitter. 466 Appeals about decisions relating to permissible
; changes
463 Additional and extended appeal rights for submitters = (1) For a development approval given for = development
for particular development applications application, the following persons may appeal to the
{1} This section applies to a development application to court against a decision on # request to make 4
which chapter 9, past 7 apples. permissible change to the approval—
FM 1509s/2-1 3/04/2014 Page 8 af 9
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