Attachment 2 - Goodchap Street Operational Works · 132007.12.8

 

2009/538

 

 

 

Regional Council

ISu nshing Coast | “Appeal Rights

| INTEGRATED PLANNING ACT 1997 & 1998 REGULATION |

 

  

  
 

[The follo
| Planning Act chapter. 4).

 

Division 8 - .Appeals to court “relating to

development applications
Appeals by applicants

4.1.27.(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 a development
application;

(b) a matter stated in a development approval,
including any condition applying to the
development, and the identification of a code
under section 3.1.6;'

(c) the decision to give a preliminary approval when a
development permit was applied for;

(d) the length of a relevant period;

(e) a deemed refusal.

(2) An appeal under subsection (1)(a) to (d) must
be started within 20 business days (the “applicant's
appeal period”) after the day the decjsion notice or
negotiated decision notice is 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.

Appeals by submitters

4.4.28.(1) A submitter for a development application
may appeal to the court about-

(a) the giving ofa development approval, including
any conditions (or lack of conditions) or other
provisions of the approval; or

(b) the length of a relevant period for the approval.

(2) The appeal must be started within 20 business
days (the “submitters appeal period”) after the day
the decision notice or negotiated decision notice is
given to the submitter.

(3) If a person withdraws a submission before the
application is decided, the person may not appeal the
decision.

(4) If an application involves both impact
assessment and code assessment, appeal rights for
submitters are available only for the part of the
‘application involving impact assessment.

(8) If an application is processed under section
6.1.28(2), appeal rights for submitters for the
application are available only for the aspects of the
development that would have required public
notification under the repealed Act.

* Section 3.1.6 (Preliminary approval may override
local planning instrument)

 

».(8).1f an application involves geseesnent against a
concurrence agency code, appeal rights for submitters
forthe application are not available against the part of
the approval that represents the concurrence agency's
response for the code.

Appeals by advice agency submitters

4.1.29.(1) An advice agency may, within the limits of

its jurisdiction, appeal to the court about the giving of a

development approval for a development application

if-

(a) the development application involves impact
assessment, and

(b) the advice agency told the applicant and the
assessment manager to treat its response to the
application as a submission for an appeal.

(2) 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.

Appeals for matters arising after approval given
(co-respondents)

4.1.30.(1) For a development approval given for a

development application, a person to-whom any of the

following notices have been given may appeal to the

court against the decision in the notice-

(a) a notice giving a decision on a -request for
extension of the relevant period for an 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 after the day the notice of the decision is given to
the person.

(3) Subsection (1)(a) does not apply if the
approval resulted from a development application
(superseded planning scheme) that was assessed as
if it were an application under a superseded planning
scheme.

(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.

Division 9 - Appeals to court about other matters

Appeals for matters arising after approval given

(no co-respondents)

4.1.31.(1) A person to whom any -of the following

notices have been given may appeal to the court

against the decision in the notice-

(a) a notice giving a decision on a request to change
or cancel a condition of a development approval. |

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