Negotiated Decision Notice - Advice Agency - DPI - 010.2006.00001395.001 [As Published] · 132006.1395

                                                       - 19 -

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

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




                                                                                                                 19 of 19