Change to an Existing Approval - Refusal - 010.2005.00000445.002 [As Published] · 132005.445.02

                                                                                                  2005/445



                                                  Appeal Rights
                                                  INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




The following is an extract from the Integrated              development that would have required public
Planning Act (Chapter 4).                                    notification under the repealed Act.
Division 8 - Appeals to court relating to                         (6) If an application involves assessment
development applications
                                                             against a concurrence agency code, appeal rights
Appeals by applicants                                        for submitters for the application are not available
4.1.27.(1) An applicant for a development                    against the part of the approval that represents the
application may appeal to the court against any of           concurrence agency’s response for the code.
the following-                                               Appeals by advice agency submitters
(a) the refusal, or the refusal in part, of a                4.1.29.(1) An advice agency may, within the limits
    development application;                                 of its jurisdiction, appeal to the court about the
(b) a matter stated in a development approval,               giving of a development approval for a
    including any condition applying to the                  development application if-
    development, and the identification of a code            (a) the development application involves impact
                          1
    under section 3.1.6;                                          assessment; and
(c) the decision to give a preliminary approval              (b) the advice agency told the applicant and the
    when a development permit was applied for;                    assessment manager to treat its response to
(d) the length of a currency period;                              the application as a submission for an appeal.
(e) a deemed refusal.                                             (2) The appeal must be started within 20
    (2) An appeal under subsection (1)(a) to (d)             business days after the day the decision notice or
                                                             negotiated decision notice is given to the advice
must be started within 20 business days (the
“applicant’s appeal period”) after the day the               agency as a submitter.
decision notice or negotiated decision notice is             Appeals for matters arising after approval given
given to the applicant.                                      (co-respondents)
    (3) An appeal under subsection (1)(e) may be             4.1.30.(1) For a development approval given for a
started at any time after the last day a decision on         development application, a person to whom any of
the matter should have been made.                            the following notices have been given may appeal
Appeals by submitters                                        to the court against the decision in the notice-
4.1.28.(1) A submitter for a development                     (a) a notice giving a decision on a request for
                                                                  extension of the currency period for an
application may appeal to the court about-
                                                                  approval;
(a) the giving of a development approval, including
    any conditions (or lack of conditions) or other          (b) a notice giving a decision on a request to make
                                                                  a minor change to an approval.
    provisions of the approval; or
                                                                  (2) The appeal must be started within 20
(b) the length of a currency period for the approval.
                                                                      business days after the day the notice of the
    (2) The appeal must be started within 20                          decision is given to the person.
business days (the “submitters appeal period”)
                                                                  (3) Subsection (1)(a) does not apply if the
after the day the decision notice or negotiated
                                                                      approval resulted from a development
decision notice is given to the submitter.
                                                                      application (superseded planning scheme)
    (3) If a person withdraws a submission before                     that was assessed as if it were an
the application is decided, the person may not                        application under a superseded planning
appeal the decision.                                                  scheme.
    (4) If an application involves both impact                    (4) Also, a person who has made a request
assessment and code assessment, appeal rights                         mentioned in subsection (1) may appeal to
for submitters are available only for the part of the                 the court against a deemed refusal of the
application involving impact assessment.                              request.
    (5) If an application is processed under section              (5) An appeal under subsection (4) may be
6.1.28(2), appeal rights for submitters for the                       started at any time after the last day the
application are available only for the aspects of the                 decision on the matter should have been
                                                                      made.
1
     Section 3.1.6 (Preliminary approval may override
    local planning instrument)
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