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

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Division 9 - Appeals to court about other               Division 3 – Appeals to tribunals relating to
matters                                                 development applications
Appeals for matters arising after approval given        Appeals by applicants
(no co-respondents)
4.1.31.(1) A person to whom any of the following
notices have been given may appeal to the court         4.2.9(1) An applicant for a development application
against the decision in the notice-                     may appeal to the Building and Development
(a) a notice giving a decision on a request to          Tribunal against any of the following-
    change or cancel a condition of a development       (a) the refusal, or the refusal in part, of a
    approval.                                               development application;
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(b) a notice under section 6.1.44 giving a decision     (b) a matter stated in a development approval,
    to change or cancel a condition of a                    including any condition applying to the
    development approval.                                   development, and the identification of a code
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    (2) The appeal must be started within 20                under section 3.1.6;
        business days after the day the notice of the   (c) the decision to give a preliminary approval when a
        decision is given to the person.                      development permit was applied for;
    (3) Also, a person who has made a request           (d) the length of a period mentioned in section 3.5.21
        mentioned in subsection (1)(a) may appeal             currency period;
        to the court against a deemed refusal of the    (e) a deemed refusal.
        request.                                            (2) An appeal under subsection (1)(a) to (d) must
    (4) An appeal under subsection (3) may be           be started within 20 business days (the “applicant’s
        started at any time after the last day the      appeal period”) after the day the decision notice or
        decision on the matter should have been         negotiated decision notice is given to the applicant.
        made.                                               (3) An appeal under subsection (1)(e) may be
Appeals against decisions to change approval            started at any time after the last day a decision on the
conditions under the repealed Act                       matter should have been made.
4.1.33A.(1) A person who is dissatisfied with a         The Registrar for the Building and Development
                                                        Tribunal may be contacted at the website
decision made on an application to change the
                                                        http://www.localgovernment.qld.gov.au/
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:


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