MCU14/0073 Town Planning Report

                                                                                                       MCU13/0171



                                                       Appeal Rights
                                                       SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                                       REGULATION 2009



The following is an extract from the Sustainable Planning Act 2009 (Chapter 7).
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & OPERATIONAL WORKS

Division 8          Appeals to court relating to development applications and approvals

461     Appeals by applicants
(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 the development application;
        (b) any condition of a development approval, another matter stated in a development approval and the
             identification or inclusion of a code under section 242;
        (c) the decision to give a preliminary approval when a development permit was applied for;
        (d) the length of a period mentioned in section 341;
        (e) a deemed refusal of the development application.
(2)     An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal
        period) after—
        (a) if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision
             notice is given to the applicant; or
        (b) otherwise—the day a decision notice was required to be 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.

462     Appeals by submitters—general
(1)     A submitter for a development application may appeal to the court only against—
         (a) the part of the approval relating to the assessment manager‘s decision about any part of the application
              requiring impact assessment under section 314; or
         (b) the part of the approval relating to the assessment manager‘s decision under section 327.
(2)      To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the
         following—
        (a) the giving of a development approval;
        (b) any provision of the approval including—
              (i) a condition of, or lack of condition for, the approval; or
              (ii) the length of a period mentioned in section 341 for the approval.
(3)     However, a submitter may not appeal if the submitter—
        (a) withdraws the submission before the application is decided; or
        (b) has given the assessment manager a notice under section 339(1)(b)(ii).
(4)   The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or
      negotiated decision notice is given to the submitter.

463 Additional and extended appeal rights for submitters for particular development applications
(1) This section applies to a development application to which chapter 9, part 7 applies.
(2) A submitter of a properly made submission for the application may appeal to the court about a referral agency‘s
    response made by a prescribed concurrence agency for the application.
(3) However, the submitter may only appeal against a referral agency‘s response to the extent it relates to—
    (a) if the prescribed concurrence agency is the chief executive (environment)—development for an aquacultural
          ERA; or
    (b) if the prescribed concurrence agency is the chief executive (fisheries)—development that is—
          (i) a material change of use of premises for aquaculture; or
          (ii) operational work that is the removal, damage or destruction of a marine plant.
(4) Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters
    relate to code assessment—
    (a) a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);
    (b) a referral agency‘s response mentioned in subsection (2).

464 Appeals by advice agency submitters
(1) Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat
    the response as a properly made submission.
(2) The advice agency may, within the limits of its jurisdiction, appeal to the court about—
    (a) any part of the approval relating to the assessment manager‘s decision about any part of the application
         requiring impact assessment under section 314; or
    (b) any part of the approval relating to the assessment manager‘s decision under section 327.
(3) 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.
(4) However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice
    agency may not appeal the decision.




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