When to Lodge an Appeal with the Independent Assessor

Appeals to the Independent Assessor can only be brought where the particular development application is required to be the subject of code assessment under the Integrated Planning Act 1997. Such a development application will be code assessable where the proposed licensed brothel is to be located in an industrial area or on strategic port land.

Appeals by applicants can be made in relation to:

(a) the assessment manager’s refusal, or the refusal in part, of the application
(b) a matter stated in a development approval for the application, including any condition applying to the development
(c) a decision to give a preliminary approval when a development permit was applied for
(d) the length of a currency period ^[1]
(e) a deemed refusal. ^[2]

Appeals must be started within 20 business days after the day of the decision notice, or the negotiated decision notice, is given to the applicant.

Footnotes

^[1] The currency period is the length of time that the development approval remains current.

^[2] A deemed refusal means a refusal that is taken to have happened if a decision is not made:

• within the decision-making period (that is, within 20 business days after the decision stage has commenced), including any extension of the decision-making period;
• within the time allowed for a decision about a request to make a change to a development approval or for a change to or cancellation of a condition of a development approval (that is, within 20 business days of making the request).