Negotiated Decision Notice - 010.2008.00000811.001 [As Published] · 132008.811

                                                                                                           2008/811




                                                     Appeal Rights
                                                     INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




The following is an extract from the Integrated                         (6) If an application involves assessment against a
Planning Act (Chapter 4).                                           concurrence agency code, appeal rights for submitters
                                                                    for the application are not available against the part of
Division 8 - Appeals to                court   relating    to       the approval that represents the concurrence agency’s
development applications                                            response for the code.
Appeals by applicants                                               Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application may           4.1.29.(1) An advice agency may, within the limits of its
appeal to the court against any of the following-                   jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development           development approval for a development application if-
    application;                                                    (a) the development      application    involves   impact
(b) a matter stated in a development approval, including any           assessment; and
    condition applying to the development,           and   the      (b) the advice agency told the applicant and the
    identification of a code under section 3.1.6;1                     assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a                 application as a submission for an appeal.
    development permit was applied for;                                (2) The appeal must be started within 20 business
(d) the length of a currency period;                                days after the day the decision notice or negotiated
(e) a deemed refusal.                                               decision notice is given to the advice agency as a
                                                                    submitter.
    (2) An appeal under subsection (1)(a) to (d) must be
started within 20 business days (the “applicant’s appeal            Appeals for matters arising after approval given
period”) after the day the decision notice or negotiated            (co-respondents)
decision notice is given to the applicant.                          4.1.30.(1) For a development approval given for a
    (3) An appeal under subsection (1)(e) may be started at         development application, a person to whom any of the
any time after the last day a decision on the matter should         following notices have been given may appeal to the
have been made.                                                     court against the decision in the notice-
Appeals by submitters                                               (a) a notice giving a decision on a request for extension
4.1.28.(1) A submitter for a development application may               of the currency period for an approval;
appeal to the court about-                                          (b) a notice giving a decision on a request to make a
(a) the giving of a development approval, including any                minor change to an approval.
    conditions (or lack of conditions) or other provisions              (2) The appeal must be started within 20 business
    of the approval; or                                             days after the day the notice of the decision is given to
(b) the length of a currency period for the approval.               the person.
    (2) The appeal must be started within 20 business                   (3) Subsection (1)(a) does not apply if the approval
days (the “submitters appeal period”) after the day the             resulted from a development application (superseded
decision notice or negotiated decision notice is given to           planning scheme) that was assessed as if it were an
the submitter.                                                      application under a superseded planning scheme.
   (3) If a person withdraws a submission before the                   (4) Also, a person who has made a request
application is decided, the person may not appeal the               mentioned in subsection (1) may appeal to the court
decision.                                                           against a deemed refusal of the request.
   (4) If an application involves both impact assessment               (5) An appeal under subsection (4) may be started at
and code assessment, appeal rights for submitters are               any time after the last day the decision on the matter
available only for the part of the application involving            should have been made.
impact assessment.
                                                                    Division 9 - Appeals to court about other matters
    (5) If an application is processed under section                Appeals for matters arising after approval given
6.1.28(2), appeal rights for submitters for the application         (no co-respondents)
are available only for the aspects of the development that
would have required public notification under the                   4.1.31.(1) A person to whom any of the following notices
repealed Act.                                                       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.

1
   Section 3.1.6 (Preliminary approval may override local
planning instrument)
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