Attachment C Current Development Approval

                                                                              Appeal Rights
                                                                              PLANNING ACT 2016 & PLANNING REGULATION 2017




                                                                                              (3) The appellant or, for an appeal to a tribunal, the registrar must,
               Chapter 6 Dispute resolution
                                                                                                  within the service period, give a copy of the notice of appeal to –
               Part 1 Appeal rights
                                                                                                  (a) the respondent for the appeal; and
               229 Appeals to tribunal or P&E Court
                                                                                                  (b) each co-respondent for the appeal; and
               (1) Schedule 1 of the Planning Act 2016 states –
                                                                                                  (c) for an appeal about a development application under schedule
                   (a) Matters that may be appealed to –                                              1, table 1, item 1 – each principal submitter for the
                                                                                                      development application; and
                         (i)   either a tribunal or the P&E Court; or
                                                                                                  (d) for and appeal about a change application under schedule 1,
                         (ii) only a tribunal; or
                                                                                                      table 1, item 2 – each principal submitter for the change
                         (iii) only the P&E Court; and                                                application; and
                   (b) The person-                                                                (e) each person who may elect to become a co-respondent for the
                                                                                                      appeal, other than an eligible submitter who is not a principal
                         (i)   who may appeal a matter (the appellant); and
                                                                                                      submitter in an appeal under paragraph (c) or (d); and
                         (ii) who is a respondent in an appeal of the matter; and
                                                                                                  (f)   for an appeal to the P&E Court – the chief executive; and
                         (iii) who is a co-respondent in an appeal of the matter; and
                                                                                                  (g) for an appeal to a tribunal under another Act – any other
                         (iv) who may elect to be a co-respondent in an appeal of the                 person who the registrar considers appropriate.
                              matter.
                                                                                              (4) The service period is –
               (2) An appellant may start an appeal within the appeal period.
                                                                                                  (a) if a submitter or advice agency started the appeal in the P&E
               (3) The appeal period is –                                                             Court – 2 business days after the appeal has started; or
                   (a) for an appeal by a building advisory agency – 10 business                  (b) otherwise – 10 business days after the appeal is started.
                       days after a decision notice for the decision is given to the
                                                                                              (5) A notice of appeal given to a person who may elect to be a co-
                       agency; or
                                                                                                  respondent must state the effect of subsection (6).
                   (b) for an appeal against a deemed refusal – at any time after the
                                                                                              (6) A person elects to be a co-respondent by filing a notice of election,
                       deemed refusal happens; or
                                                                                                  in the approved form, within 10 business days after the notice of
                   (c) for an appeal against a decision of the Minister, under chapter            appeal is given to the person.
                       7, part 4, to register premises or to renew the registration of
                                                                                              231 Other appeals
                       premises – 20 business days after a notice us published under
                       section 269(3)(a) or (4); or                                           (1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
                                                                                                  the Supreme Court decides a decision or other matter under this
                   (d) for an appeal against an infrastructure charges notice – 20
                                                                                                  Act is affected by jurisdictional error, the decision or matter is non-
                       business days after the infrastructure charges notice is given
                                                                                                  appealable.
                       to the person; or
                                                                                              (2) The Judicial Review Act 1991, part 5 applies to the decision or
                   (e) for an appeal about a deemed approval of a development
                                                                                                  matter to the extent it is affected by jurisdictional error.
                       application for which a decision notice has not been given –
                       30 business days after the applicant gives the deemed                  (3) A person who, but for subsection (1) could have made an
                       approval notice to the assessment manager; or                              application under the Judicial Review Act 1991 in relation to the
                                                                                                  decision or matter, may apply under part 4 of that Act for a
                   (f)   for any other appeal – 20 business days after a notice of the
                                                                                                  statement of reasons in relation to the decision or matter.
                         decision for the matter, including an enforcement notice, is
                         given to the person.                                                 (4) In this section –
                                                                                                  decision includes-
               Note –See the P&E Court Act for the court’s power to extend the appeal
                       period.                                                                    (a) conduct engaged in for the purpose of making a decision; and
               (4) Each respondent and co-respondent for an appeal may be heard                   (b) other conduct that relates to the making of a decision; and
                   in the appeal.
                                                                                                  (c) the making of a decision or failure to make a decision; and
               (5) If an appeal is only about a referral agency’s response, the
                                                                                                  (d) a purported decision; and
                   assessment manager may apply to the tribunal or P&E Court to
                   withdraw from the appeal.                                                      (e) a deemed refusal.
               (6) To remove any doubt. It is declared that an appeal against an                  non-appealable, for a decision or matter, means the decision or
                   infrastructure charges notice must not be about-                               matter-
                   (a) the adopted charge itself; or                                              (a) is final and conclusive; and
                   (b) for a decision about an offset or refund-                                  (b) may not be challenged, appealed against, reviewed, quashed,
                                                                                                      set aside or called into question in any other way under the
                         (i)   the establishment cost of trunk infrastructure identified in
                                                                                                      Judicial Review Act 1991 or otherwise, whether by the
                               a LGIP; or
                                                                                                      Supreme Court, another court, a tribunal or another entity; and
                         (ii) the cost of infrastructure decided using the method
                                                                                                  (c) is not subject to any declaratory, injunctive or other order of
                              included in the local government’s charges resolution.
                                                                                                      the Supreme Court, another court, a tribunal or another entity
               230 Notice of appeal                                                                   on any ground.
               (1) An appellant starts an appeal by lodging, with the registrar of the        232 Rules of the P&E Court
                   tribunal or P&E Court, a notice of appeal that-
                                                                                              (1) A person who is appealing to the P&E Court must comply with the
                   (a) is in the approved form; and                                               rules of the court that apply to the appeal.
                   (b) succinctly states the grounds of the appeal.                           (2) However, the P&E Court may hear and decide an appeal even if
               (2) The notice of appeal must be accompanied by the required fee.                  the person has not complied with the rules of the P&E Court




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Document Set ID: 22110072
Version: 4, Version Date: 21/09/2022