Decision Notice - 010.2008.00000310.001 [As Published] · 132008.310

                                                                                               2008/310




                                                 Appeal Rights
                                                INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




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development applications                                   notification under the repealed Act.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

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     Section 3.1.6 (Preliminary approval may override
    local planning instrument)
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