Decision Notice - 010.2008.00000413.001 [As Published] · 132008.413

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                                                           Appeal Rights
                                                         INTEGRATED PLANNING ACT 1997 & 1998 REGULATION



The following is an extract from the Integrated                                  (6) If an application involves assessment against a
Planning Act (Chapter 4).                                                   concurrence agency code, appeal rights for submitters
                                                                            for the application are not available against the part of
Division 8 - Appeals to                   court    relating     to          the approval that represents the concurrence agency’s
development applications                                                    response for the code.
Appeals by applicants                                                       Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application                       4.1.29.(1) An advice agency may, within the limits of
may appeal to the court against any of the following-                       its jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development                   development approval for a development application
      application;                                                          if-
(b) a matter stated in a development approval,                              (a) the development application involves impact
      including any condition applying to the                                   assessment; and
      development, and the identification of a code                         (b) the advice agency told the applicant and the
      under section 3.1.6;1                                                    assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a                         application as a submission for an appeal.
      development permit was applied for;                                      (2) The appeal must be started within 20 business
(d) the length of a currency period;                                        days after the day the decision notice or negotiated
(e) a deemed refusal.                                                       decision notice is given to the advice agency as a
                                                                            submitter.
   (2) An appeal under subsection (1)(a) to (d) must
be started within 20 business days (the “applicant’s                        Appeals for matters arising after approval given
appeal period”) after the day the decision notice or                        (co-respondents)
negotiated decision notice is given to the applicant.                       4.1.30.(1) For a development approval given for a
    (3) An appeal under subsection (1)(e) may be                            development application, a person to whom any of the
started at any time after the last day a decision on the                    following notices have been given may appeal to the
matter should have been made.                                               court against the decision in the notice-
Appeals by submitters                                                       (a) a notice giving a decision on a request for
                                                                                extension of the currency period for an approval;
4.1.28.(1) A submitter for a development application
may appeal to the court about-                                              (b) a notice giving a decision on a request to make a
                                                                                minor change to an approval.
(a) the giving of a development approval, including
      any conditions (or lack of conditions) or other                           (2) The appeal must be started within 20 business
      provisions of the approval; or                                                days after the day the notice of the decision is
                                                                                    given to the person.
(b) the length of a currency period for the approval.
                                                                                (3) Subsection (1)(a) does not apply if the
    (2) The appeal must be started within 20 business                               approval resulted from a development
days (the “submitters appeal period”) after the day                                 application (superseded planning scheme) that
the decision notice or negotiated decision notice is                                was assessed as if it were an application
given to the submitter.                                                             under a superseded planning scheme.
   (3) If a person withdraws a submission before the                            (4) Also, a person who has made a request
application is decided, the person may not appeal the                               mentioned in subsection (1) may appeal to the
decision.                                                                           court against a deemed refusal of the request.
   (4) If an application involves both impact
                                                                                (5) An appeal under subsection (4) may be started
assessment and code assessment, appeal rights for
                                                                                   at any time after the last day the decision on
submitters are available only for the part of the
                                                                                   the matter should have been made.
application involving impact assessment.
                                                                            Division 9 - Appeals to court about other matters
    (5) If an application is processed under section
6.1.28(2), appeal rights for submitters for the                             Appeals for matters arising after approval given
application are available only for the aspects of the                       (no co-respondents)
development that would have required public                                 4.1.31.(1) A person to whom any of the following
notification under the repealed Act.                                        notices have been given may appeal to the court
                                                                            against the decision in the notice-
1
    Section 3.1.6 (Preliminary approval may override local planning         (a) a notice giving a decision on a request to change
    instrument)                                                                 or cancel a condition of a development approval.
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