Assessment Stage 6: Appeals
After 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.
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
- the length of the current period
- a deemed refusal
- against an infrastructure charges notice.
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.
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.
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 appeals.
After an initial review, any mediation or Court appeal is coordinated by City Legal and the Appeals Team, Development Services.
If there has been an appeal on an application you have lodged, phone City Legal on 07 3403 5313.