_As Published -Change to Existing Approval & Extension to Relevant Period - 152006 862 02 - 1030538 · 152006.862.02

                                        152006.862.02




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Document Set ID: 19816636
Version: 1, Version Date: 02/11/2014


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152006.862.02

 

SPD-0414-6764

465 Appeals about decisions relating to extensions for approvals

(1) For a development approval given for a development application, a person to whom a
notice is given under section 389, other than a notice for a decision under section
386(2), may appeal to the court against the decision in the notice.

(2) The appeal must be started within 20 business days after the day the notice of the
decision is given to the person.

(3) Also, a person who has made a request under section 383 may appeal to the court
against a deemed refusal of the request.

(4) An appeal under subsection (3) may be started at any time after the last day the
decision on the matter should have been made.

466 Appeals about decisions relating to permissible changes
(1) For a development approval given for a development application, the following
persons may appeal to the court against a decision on a request to make a
permissible change to the approval—
(a) if the responsible entity for making the change is the assessment manager for
the application—
(i) the person who made the request; or
(ii) an entity that gave a notice under section 373 or a pre-request response
notice about the request;
(b) if the responsible entity for making the change is a concurrence agency for the
application—the person who made the request.
(2) The appeal must be started within 20 business days after the day the person is given
notice of the decision on the request under section 376.
(3) Also, a person who has made a request under section 369 may appeal to the court
against a deemed refusal of the request.
(4) An appeal under subsection (3) may be started at any time after the last day the
decision on the matter should have been made.

467 Appeals about changing or cancelling conditions imposed by assessment
"Manager orconcurrence agency =—=———ss——i‘“s;s*s*s*~*:”:”””CCS
(1) Aperson to whom a notice under section 378(9)(b) giving a decision to change or
cancel a condition of a development approval has been given may appeal to the court
against the decision in the notice.
(2) The appeal must be started within 20 business days after the day the notice of the
decision is given to the person.

Division 11 Making and appeal to Court

481 How appeals to the court are started
(1) An appeal is started by lodging written notice of appeal with the registrar of the court.
(2) The notice of appeal must state the grounds of the appeal.
(3) The person starting the appeal must also comply with the rules of the court applying
to the appeal.
(4) However, the court may hear and decide an appeal even if the person has not
complied with subsection (3).

482 Notice of appeal to other parties—development applications and approvals
(1) An appellant under division 8 must give written notice of the appeal to—
(a) if the appellant is an applicant—
(i) the chief executive; and
(ii) the assessment manager; and
(ili) any concurrence agency; and
{iv) any principal submitter whose submission has not been withdrawn; and
(v) any advice agency treated as a submitter whose submission has not been
withdrawn; or

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Document Set ID: 19816636 age 28 of 36

Version: 1, Version Date: 02/11/2014