Decision Notice - Concurrence Agency - EPA [As Published] · 132008.310

                                                                                              2008/310

     (5) An appeal under subsection (4) may be          For Building Works Only
         started at any time after the last day the     Rights of appeal conferred by Section 4.2.9 of the
         decision on the matter should have been        Integrated Planning Act 1997 as follows:
         made.
                                                        Division 3 – Appeals to tribunals relating to
                                                        development applications
Division 9 - Appeals to court about other
matters                                                 Appeals by applicants
Appeals for matters arising after approval given
(no co-respondents)
                                                        4.2.9(1) An applicant for a development application
4.1.31.(1) A person to whom any of the following        may appeal to the Building and Development
notices have been given may appeal to the court         Tribunal against any of the following-
against the decision in the notice-
                                                        (a) the refusal, or the refusal in part, of a
(a) a notice giving a decision on a request to              development application;
    change or cancel a condition of a development
    approval.                                           (b) a matter stated in a development approval,
                                    2                       including any condition applying to the
(b) a notice under section 6.1.44 giving a decision         development, and the identification of a code
    to change or cancel a condition of a                    under section 3.1.6;
                                                                                  3
    development approval.
                                                        (c) the decision to give a preliminary approval when a
    (2) The appeal must be started within 20                  development permit was applied for;
        business days after the day the notice of the
                                                        (d) the length of a period mentioned in section 3.5.21
        decision is given to the person.
                                                              currency period;
    (3) Also, a person who has made a request
                                                        (e) a deemed refusal.
        mentioned in subsection (1)(a) may appeal
        to the court against a deemed refusal of the       (2) An appeal under subsection (1)(a) to (d) must
        request.                                        be started within 20 business days (the “applicant’s
                                                        appeal period”) after the day the decision notice or
    (4) An appeal under subsection (3) may be           negotiated decision notice is given to the applicant.
        started at any time after the last day the
                                                            (3) An appeal under subsection (1)(e) may be
        decision on the matter should have been         started at any time after the last day a decision on the
        made.                                           matter should have been made.
Appeals against decisions to change approval            The Registrar for the Building and Development
conditions under the repealed Act                       Tribunal may be contacted at the website
4.1.33A.(1) A person who is dissatisfied with a         http://www.localgovernment.qld.gov.au/
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.


2
     Section 6.1.44 (Conditions may be changed or
                                                        3
    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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