When to Lodge an Appeal with the Planning and Environment Court

The Planning and Environment Court has jurisdiction to hear and decide appeals in the case of impact assessable development applications for a brothel. An appeal to the Planning and Environment Court is started by lodging a written notice of appeal with the Registrar of the Court. The notice of appeal must state the grounds for the appeal. After lodging the appeal with the Court, the applicant must, within ten business days, give written notice of the appeal to:

• the assessment manager
• any concurrence agency ^[3]
• any principal submitter ^[4] whose submission has not been withdrawn and
• any advice agency ^[5] treated as a submitter whose submission has not been withdrawn.

Each party to a proceeding in the Planning and Environment Court will be expected to bear their own costs. However, the Court may order costs for the proceeding under a range of circumstances (for example, if the proceeding was instituted merely to delay or obstruct). ^[6]

Footnotes

^[3] A concurrence agency means an entity prescribed under a regulation as a concurrence agency for the application, or if the functions of the entity in relation to the application have been devolved or delegated to another entity, the other entity.

^[4] A principal submitter is a person who has made a submission about the development application you have lodged. The principal submitter is the first named person on the submission.

^[5] An advice agency means an entity prescribed under a regulation as an advice agency for the application, or if they functions of the entity in relation to the application have been devolved or delegated to another entity, the other entity.

^[6] Refer to the Integrated Planning Act 1997 section 4.1.23 (2) for a list of circumstances under which the Court can award costs.