Decision Notice - 010.2008.00000413.001 [As Published] · 132008.413

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(b) a notice under section 6.1.442 giving a decision to                     (c) the decision to give a preliminary approval when a
      change or cancel a condition of a development                            development permit was applied for;
      approval.                                                             (d) the length of a period mentioned in section 3.5.21
      (2) The appeal must be started within 20 business                        currency period;
           days after the day the notice of the decision is                 (e) a deemed refusal.
           given to the person.
                                                                               (2) An appeal under subsection (1)(a) to (d) must
      (3) Also, a person who has made a request                             be started within 20 business days (the “applicant’s
           mentioned in subsection (1)(a) may appeal to                     appeal period”) after the day the decision notice or
           the court against a deemed refusal of the                        negotiated decision notice is given to the applicant.
           request.
                                                                                (3) An appeal under subsection (1)(e) may be
      (4) An appeal under subsection (3) may be started                     started at any time after the last day a decision on the
        at any time after the last day the decision on                      matter should have been made.
        the matter should have been made.
                                                                            The Registrar for the Building and Development
Appeals against decisions to change approval                                Tribunal may be contacted at the website
conditions under the repealed Act                                           http://www.localgovernment.qld.gov.au/
4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act may
appeal to the court against-
(a) the decision; or
(b) a deemed refusal of the application.
    (2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of
the decision is to be given to the person.
    (3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on the
matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises or
the erection of a building or other structure permitted
by the planning scheme may appeal to the court
against the decision or the conditions applied.
    (2) The appeal must be started within 20 business
days after the day notice of the decision is given to the
applicant.
For Building Works Only
Rights of appeal conferred by Section 4.2.9 of the
Integrated Planning Act 1997 as follows:
Division 3 – Appeals to tribunals relating to
development applications
Appeals by applicants
4.2.9(1) An applicant for a development application
may appeal to the Building and Development Tribunal
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;3

2
     Section 6.1.44 (Conditions may be changed or
    cancelled by assessment manager or concurrence
    agency in certain circumstances)
3
    Section 3.1.6 (Preliminary approval may override local planning
    instrument)
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