03.1 - Decision Notice s63

                                                    Appeal Rights
The rights of an applicant to appeal to a tribunal or the Planning and Environment Court against a decision about a development
application are set out in chapter 6, part 1 of the Planning Act 2016. For particular applications, there may also be a right to make an
application for a declaration by a tribunal (see chapter 6, part 2 of the Planning Act 2016).

Appeal by an applicant

An applicant for a development application may appeal to the Planning and Environment Court against the following:
·    the refusal of all or part of the development application
·    a provision of the development approval
·    the decision to give a preliminary approval when a development permit was applied for
·    a deemed refusal of the development application.
An applicant may also have a right to appeal to the Development tribunal. For more information, see schedule 1 of the Planning Act
2016.

Appeal by a submitter

A submitter for a development application may appeal to the Planning and Environment Court against:
·    any part of the development application for the development approval that required impact assessment
·    a variation request.
The timeframes for starting an appeal in the Planning and Environment Court are set out in section 229 of the Planning Act 2016.

Attachment 2 is an extract from the Planning Act 2016 that sets down the applicant’s appeal rights and the appeal rights of a
submitter.




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