Decision Notice [As Published] · 132009.1682

                                                                                                      2009/1682



                                                        Appeal Rights
                                                    INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




The following is an extract from the Integrated                    (5) If an application is processed under section
                                                               6.1.28(2), appeal rights for submitters for the
Planning Act (Chapter 4).
                                                               application are available only for the aspects of the
Division 8 - Appeals to court relating to                      development that would have required public
development applications                                       notification under the repealed Act.
Appeals by applicants
                                                                    (6) If an application involves assessment against a
4.1.27.(1) An applicant for a development application          concurrence agency code, appeal rights for submitters
may appeal to the court against any of the following-          for the application are not available against the part of
(a) the refusal, or the refusal in part, of a development      the approval that represents the concurrence agency’s
      application;                                             response for the code.
(b) a matter stated in a development approval,                 Appeals by advice agency submitters
      including any condition applying to the                  4.1.29.(1) An advice agency may, within the limits of
      development, and the identification of a code            its jurisdiction, appeal to the court about the giving of a
      under section 3.1.6;1                                    development approval for a development application
(c) the decision to give a preliminary approval when a         if-
      development permit was applied for;                      (a) the development application involves impact
(d) the length of a relevant period;                               assessment; and
(e) a deemed refusal.                                          (b) the advice agency told the applicant and the
   (2) An appeal under subsection (1)(a) to (d) must              assessment manager to treat its response to the
be started within 20 business days (the “applicant’s              application as a submission for an appeal.
appeal period”) after the day the decision notice or              (2) The appeal must be started within 20 business
negotiated decision notice is given to the applicant.          days after the day the decision notice or negotiated
    (3) An appeal under subsection (1)(e) may be               decision notice is given to the advice agency as a
started at any time after the last day a decision on the       submitter.
matter should have been made.                                  Appeals for matters arising after approval given
Appeals by submitters                                          (co-respondents)
4.1.28.(1) A submitter for a development application           4.1.30.(1) For a development approval given for a
may appeal to the court about-                                 development application, a person to whom any of the
                                                               following notices have been given may appeal to the
(a) the giving of a development approval, including            court against the decision in the notice-
      any conditions (or lack of conditions) or other
      provisions of the approval; or                           (a) a notice giving a decision on a request for
                                                                   extension of the relevant period for an approval;
(b) the length of a relevant period for the approval.
                                                               (b) a notice giving a decision on a request to make a
    (2) The appeal must be started within 20 business              minor change to an approval.
days (the “submitters appeal period”) after the day
the decision notice or negotiated decision notice is               (2) The appeal must be started within 20 business
given to the submitter.                                        days after the day the notice of the decision is given to
                                                               the person.
   (3) If a person withdraws a submission before the
application is decided, the person may not appeal the                (3) Subsection (1)(a) does not apply if the
decision.                                                      approval resulted from a development application
                                                               (superseded planning scheme) that was assessed as
   (4) If an application involves both impact
                                                               if it were an application under a superseded planning
assessment and code assessment, appeal rights for
                                                               scheme.
submitters are available only for the part of the
application involving impact assessment.                          (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.
a.
1
     Section 3.1.6 (Preliminary approval may override
    local planning instrument)
                                                                                                     Page 7 of 8