Decision Notice - Change to an Existing Approval - 010.2007.00001728.002 [As Published] · 132007.1728.02

                                                                                              2007/1728


Division 9 - Appeals to court about other matters          Appeals by applicants
Appeals for matters arising after approval given           4.2.9(1) An applicant for a development application
(no co-respondents)                                        may appeal to the Building and Development Tribunal
4.1.31.(1) A person to whom any of the following           against any of the following-
notices have been given may appeal to the court            (a) the refusal, or the refusal in part, of a development
against the decision in the notice-                            application;
(a) a notice giving a decision on a request to change      (b) a matter stated in a development approval,
    or cancel a condition of a development approval.           including any condition applying to the
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(b) a notice under section 6.1.44 giving a decision to         development, and the identification of a code
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    change or cancel a condition of a development              under section 3.1.6;
    approval.                                              (c) the decision to give a preliminary approval when a
    (2) The appeal must be started within 20 business          development permit was applied for;
        days after the day the notice of the decision is   (d) the length of a period mentioned in section 3.5.21
        given to the person.                                   currency period;
    (3) Also, a person who has made a request              (e) a deemed refusal.
        mentioned in subsection (1)(a) may appeal to           (2) An appeal under subsection (1)(a) to (d) must
        the court against a deemed refusal of the          be started within 20 business days (the “applicant’s
        request.                                           appeal period”) after the day the decision notice or
    (4) An appeal under subsection (3) may be started      negotiated decision notice is given to the applicant.
        at any time after the last day the decision on         (3) An appeal under subsection (1)(e) may be
        the matter should have been made.                  started at any time after the last day a decision on the
Appeals against decisions to change approval               matter should have been made.
conditions under the repealed Act                          The Registrar for the Building and Development
4.1.33A.(1) A person who is dissatisfied with a            Tribunal may be contacted at the website
decision made on an application to change the              http://www.localgovernment.qld.gov.au/
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act may
appeal to the court against-
(a) the decision; or
(b) a deemed refusal of the application.
    (2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of
the decision is to be given to the person.
    (3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on the
matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises or
the erection of a building or other structure permitted
by the planning scheme may appeal to the court
against the decision or the conditions applied.
    (2) The appeal must be started within 20 business
days after the day notice of the decision is given to
the applicant.
For Building Works Only
Rights of appeal conferred by Section 4.2.9 of the
Integrated Planning Act 1997 as follows:
Division 3 – Appeals to tribunals relating to
development applications


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     Section 6.1.44 (Conditions may be changed or
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    cancelled by assessment manager or concurrence             Section 3.1.6 (Preliminary approval may override local
    agency in certain circumstances)                           planning instrument)
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