Decision Notice [As Published] · 132009.1682

                                                                                                  2009/1682

Division 9 - Appeals to court about other matters           (a) the refusal, or the refusal in part, of a development
Appeals for matters arising after approval given                  application;
(no co-respondents)                                         (b) a matter stated in a development approval,
4.1.31.(1) A person to whom any of the following                  including any condition applying to the
notices have been given may appeal to the court                   development, and the identification of a code
against the decision in the notice-                               under section 3.1.6;3
(a) a notice giving a decision on a request to change       (c) the decision to give a preliminary approval when a
     or cancel a condition of a development approval.             development permit was applied for;
                                  2
(b) a notice under section 6.1.44 giving a decision to      (d) the length of a period mentioned in section 3.5.21
     change or cancel a condition of a development                relevant period;
     approval.                                              (e) a deemed refusal.
     (2)   The appeal must be started within 20                (2) An appeal under subsection (1)(a) to (d) must
business days after the day the notice of the decision      be started within 20 business days (the “applicant’s
is given to the person.                                     appeal period”) after the day the decision notice or
   (3) Also, a person who has made a request                negotiated decision notice is given to the applicant.
mentioned in subsection (1)(a) may appeal to the                (3) An appeal under subsection (1)(e) may be
court against a deemed refusal of the request.              started at any time after the last day a decision on the
    (4) An appeal under subsection (3) may be               matter should have been made.
started at any time after the last day the decision on      The Registrar for the Building and Development
the matter should have been made.                           Tribunal may be contacted at the website
Appeals against decisions to change approval                http://www.localgovernment.qld.gov.au/
conditions under the repealed Act
                                                            For Infrastructure Charges Only
4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the               4.1.36 Appeals about particular infrastructure
conditions attached to an approval given under              charges
section 2.19(3)or section 4.4 of the repealed Act may       (1) This section applies to a person who has been
appeal to the court against-                                given, and is dissatisfied with, an infrastructure
(a) the decision; or                                        charges notice or a regulated State infrastructure
                                                            charges notice.
(b) a deemed refusal of the application.
                                                            (2) The person may appeal to the court against the
    (2) An appeal under subsection (1)(a) must be           notice.
started within 20 business days after the day notice of
the decision is to be given to the person.                  (3) The appeal must be started within 20 business
                                                            days after-
    (3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on the    (a) if the notice is given because of a development
matter should have been made.                                    approval or master plan approval-the day the
                                                                 applicant is given notice of the decision about the
Appeals against local laws                                       approval; or
4.1.33B.(1) An applicant who is dissatisfied with a         (b) otherwise-the day the notice is given to the
decision of a local government or the conditions                 person.
applied under a local law about the use of premises or
the erection of a building or other structure permitted     (4) An appeal under this section may only be about-
by the planning scheme may appeal to the court              (a) whether a charge in the notice is so
against the decision or the conditions applied.                 unreasonable that no reasonable relevant local
    (2) The appeal must be started within 20 business           government, State infrastructure provider or
days after the day notice of the decision is given to the       coordinating agency could have imposed it; or
applicant.                                                  (b) an error in the calculation of the charge.
For Building Works Only                                     (5) To remove any doubt, it is declared that an
                                                            appeal under this section can not be about the
Rights of appeal conferred by Section 4.2.9 of the
                                                            methodology used to establish the charge in the
Integrated Planning Act 1997 as follows:
                                                            relevant infrastructure charges schedule or regulated
Division 3 – Appeals to tribunals relating to               State infrastructure charges schedule.
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.
2                                                           a.
     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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