Assessment Stage 6: Appeals
After Brisbane City Council has made a decision on an application an applicant or member of the community, who has made a valid submission on the application, may appeal against the Council decision.
The Planning and Environment Court maintains an appeals database, which the Department of State Development, Manufacturing, Infrastructure and Planning (the department) makes publicly available on their website.
The appeals database lists all appeals lodged in the Planning and Environment Court since 15 March 2008, which the department have been notified of. It contains information about the appeal, including the:
- appeal number
- site address
- local government area
- copy of the appeal notice (including the grounds for appeal).
The appeals database is an easy way for anyone to obtain information about an appeal or check if an appeal has been lodged for a specific development application or approval.
Types of appeal
There are two forms of appeal for development applications:
- applicant appeals - regarding decisions made about development applications
- submitter appeals - regarding decisions made for publicly notified impact assessable applications or change applications.
All appeals must be lodged with the Planning and Environment Court.
When you can appeal
An applicant can only appeal against a decision by Council within 20 business days of the start of the applicant's appeal period.
If a negotiated decision notice has been sent to the applicant, then the 20 business days starts from when the negotiated decision notice is given.
A submitter may only appeal against a decision by Council within the submitter appeal period:
- which begins after the decision notice or negotiated decision notice is given to the submitter
- is 20 business days.
Council advises applicants and submitters in writing when their appeal period begins and ends.
Reasons for appeal
Reasons for appeal by an applicant include:
- a refusal, or refusal in part, of the development application
- a matter stated in the development approval, including any condition
- a decision to give a preliminary approval when a development permit was applied for
- a deemed refusal
- against an infrastructure charges notice
- where an application has lapsed to re-enliven the development approval.
A submitter may only appeal against the part of the development approval relating to impact assessable development, or a variation approval under Section 43 of the Planning Act 2016 (Planning Act).
The appeal can be against one or more of the following:
- granting of a development approval
- a condition of, or lack of conditions for a development approval
- the length of the current period.
How to lodge an appeal
To lodge an appeal, a notice of appeal form must be completed and lodged with the accompanying fee to the Planning and Environment Court. The Court website provides the information required to lodge an appeal.
Advice on appeals
It is recommended that an applicant/submitter seek private legal advice when considering an appeal.
Council's legal department, City Legal, is the contact for any party to an appeal.
After the receipt and initial review of a development appeal, any mediation or Court appeal is coordinated by City Legal and the Appeals Team, Development Services.
Planning Act Appeal Rights Extract
For assistance understanding Appeal Rights under the Planning Act 2016, Council provides an extract from the Planning Act:
To find out more information about a development application appeal, you can phone Council on 07 3403 8888 and ask to speak to the Development Services Appeals team.