Appendix A - Copy of Existing Approval · 132008.1128

                                                                                                                                 132008.1128



                                                         Appeal Rights
                                                         INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




IThe following is an extract from the Integrated Planning Act              Appeals for
                                                                           respondents)
                                                                                            matters     arising   after   approval   given   (co-
i (Chapter 4).
                                                                           4.1.30.(1) For a development approval given for a development
Division 8 - Appeals to court relating to development                      application, a person to whom any of the following notices have been
applications                                                               given may appeal to the court against the decision in the notice·
Appeals by applicants                                                      (a) a notice giving a decision on a request for extension of the
4.1.27.(1) An applicant tor a development application may appeal to            currency period for an approval;
the court against any of the following-
                                                                           (b) a notice giving a decision on a request to make a minor change
 (a) the refusal, or the retusal in part, of a development application;        to an approval.
 (b) a matter stated in a development approval, including any                 (2) The appeal must be started within 20 business days after the
     condition applying to the development, and the identification of a    day the notice of the decision is given to the person_
     code under section 3.1.6;
                                                                              (3) Subsection (1)(a) does not apply if the approval resulted from
 (e) the decision to give a preliminary approval when a development        a development application (superseded planning scheme) that was
     permit was applied for;                                               assessed as if it were an application under a superseded planning
 (d) the length of a currency period;                                      scheme.
 (e) a deemed refusal.                                                         (4) Also, a person who has made a request mentioned in
                                                                           subsection (1) may appeal to the court against a deemed refusal of
     (2) An appeal under subsection (1)(a) to (d) must be started
                                                                           the request.
 within 20 business days (the "applicant's appeal period") after the
 day the decision notice or negotiated decision notice is given to the         (5) An appeal under subsection (4) may be started at any time
 applicant.                                                                after the last day the decision on the maUer should have been made.
     (3) An appeal under subsection (1)(e) may be started at any time      Division 9 - Appeals to coult about other matters
 after the last day a decision on the matter should have been made.        Appeals for mailers arising after approval given (no co-
 Appeals by submitters                                                     respondents)
 4.1.28.(1) A submitter for a development application may appeal to        4.1,31.(1) A person to whom any of the following notices have been
 the court about-                                                          given may appeal to the court.against the decision in the notice-
 (a) the giving of a development approval, including any conditions        (a) a notice giving a decision on a request to change or cancel a
     (or lack of conditions) or other provisions of the approval; or           condition of a development approval.
 (b) the length of a currency period for the approval.                     (b) a notice under section 6.1.44 giving a decision to change or
                                                                               cancel a condition of a development approval.
    (2) The appeal must be started within 20 bUSiness days (the
 "submitters appeal period") after the day the decision notice or              (2) The appeal must be started within 20 business days after
 negotiated decision notice is given to the submitter.                     the day the notice of the decision is given to the person.
    (3) If a person withdraws a submission before the application is            (3) Also, a person who has made a request mentioned in
 decided, the person may not appeal the decision.                          subsection (1)(a) may appeal to. the court against a deemed refusal
     (4) If an application involves both impact assessment and code        of the request.
 assessment, appeal rights for submitters are available only for the           (4) An appeal under subsection (3) may be started at any time
 part of the application involving impact assessment.                      after the last day the decision on the maUer should have been made.
     (5) If an application is processed under section 6.1.28(2), appeal    Appeals against decisions to change approval conditions under the
 rights for submitters for the application are available only for the      repealed Act
 aspects of the development that would have required public                4.1.33A.(1) A person who is dissatisfied with a decision made on an
 notification under the repealed Act.                                      application to change the conditions attached to an approval given
     (6) If an application involves assessment against a concurrence       under section 2.19(3)or section 4.4 of the repealed Act may appeal
 agency code, appeal rights for submitters for the application are not     to the court against-
 available against the part of the approval that represents the            (a) the decision; or
 concurrence agency's response for the code.
                                                                           (b) a deemed refusal of the application.
 Appeals by advice agency submitters
                                                                               (2) An appeal under subsection (1)(a) must be started within 20
 4.1.29.(1) An advice agency may, within the limits of its jurisdiction,   business days after the day notice of the decision is to be given to
 appeal to the court about the giving of a development approval for a      the person.
 development application if-
                                                                               (3) An appeal under subsection (1)(b) may be started at any time
 (a) the development application involves impact assessment; and           after the last day a decision on the matter should have been made.
 (b) the advice agency told the applicant and the assessment               Appeals against local laws
     manager to treat its response to the application as a submission
                                                                           4.1,33B.(1) An applicant who is dissatiSfied with a decision of a local
     for an appeal.
                                                                           government or the conditions applied under a local law about the use
    (2) The appeal must be started within 20 business days after the       of premises or the erection of a building or other structure permitted
 day the decision notice or negotiated decision notice is given to the     by the planning scheme may appeal to the court against the decision
 advice agency as a submitter.                                             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.



 PD·DA-FM58/5·02f04/2009                                                                          Page 24 of 24