Beach Road Retreats Stage 2 Conditions

132008.1779.1

 

 

Sunshine Coast

Regional Counci

 

incl!

|The following is an extract from the Integrated Planning Act
(Chapter 4).
Division 8
applications
Appeals by applicants

4.1.27.(1) An applicant for a development application may appeal to
the court 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;

(c) the decision to give a preliminary approval when a development
permit was applied for;

(d) the length of a currency period;
(e) a deemed refusal.

(2) An appeal under subsection (1)(a) to (d) must be started
within 20 business days (the “applicant’s appeal period”) after the
day the decision notice or negotiated decision notice is given to the
applicant.

(3) An appeal under subsection (1)(e) may be started at any time
after the last day a decision on the matter should have been made.

Appeals by submitters

4.1.28.(1) A submitter for a development application may appeal to
the court about-

(a) the giving of a development approval, including any conditions
(or lack of conditions) or other provisions of the approval; or

(b) the length of a currency period for the approval.

(2) The appeal must be started within 20 business days (the
“submitters appeal period”) after the day the decision notice or
negotiated decision notice is given to the submitter.

(3) If a person withdraws a submission before the application is
decided, the person may not appeal the decision.

(4) If an application involves both impact assessment and code
assessment, appeal rights for submitters are available only for the
part of the application involving impact assessment.

(5) If an application is processed under section 6.1.28(2), appeal
tights for submitters for the application are available only for the
aspects of the development that would have required public
notification under the repealed Act.

(6) If an application involves assessment against a concurrence
agency code, appeal rights for submitters for the application are not
available against the part of the approval that represents the
concurrence agency's response for the code.

Appeals by advice agency submitters
4.1.29.(1) An advice agency may, within the limits of its jurisdiction,
appeal to the court about the giving of a development approval for a
development application if-
(a) the development application involves impact assessment; and
(b) the advice agency told the applicant and the assessment
manager to treat its response to the application as a submission
for an appeal.
(2) The appeal must be started within 20 business days after the

day the decision notice or negotiated decision notice is given to the
advice agency as a submitter.

- Appeals to court relating to development

PD-DA-FM58/5-02/04/2009

Appeal Rights

INTEGRATED PLANNING ACT 1997 & 1998 REGULATION

Appeals for approval

respondents)

4.1.30.(1) For a development approval given for a development

application, a person to whom any of the following notices have been

given may appeal to the court against the decision in the notice-

(a) a notice giving a decision on a request for extension of the
currency period for an approval;

(b) a notice giving a decision on a request to make a minor change
to an approval.

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

(3) Subsection (1)(a) does not apply if the approval resulted from
a development application (superseded planning scheme) that was
assessed as if it were an application under a superseded planning
scheme.

(4) Also, a person who has made a request mentioned in
subsection (1) may appeal to the court against a deemed refusal of
the request.

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

Division 9 - Appeals to court about other matters
Appeals for matters arising after approval given (no co-
respondents)
4.1.31.(1) A person to whom any of the following notices have been
given may appeal to the court against the decision in the notice-
(a) a notice giving a decision on a request to change or cancel a
condition of a development approval.
(b) a notice under section 6.1.44 giving a decision to change or
cancel a condition of a development approval.
(2) The appeal must be started within 20 business days after
the day the notice of the decision is given to the person.

matters arising after given (co-

(3) Also, a person who has made a request mentioned in
subsection (1)(a) 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.
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.

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