There are two forms of appeal for development applications:
- applicant appeals - regarding decisions made about development applications
- submitter appeals - regarding decisions made by Moreton Bay Regional Council for impact assessable applications.
Council advises applicants and submitters in writing when their appeal period begins and ends. All appeals must be lodged with the Planning and Environment Court.
An applicant can only appeal against a decision by Council within 20 business days after they have been advised of Council's decision about the development application.
The applicant may suspend the appeal period and make a change representation with Council.
The change representation request must be lodged within 20 business days of suspending the appeal period. Written representations must state what parts of the Decision Notice the applicant wishes to negotiate and why (e.g. a condition of development).
Council may amend the Decision Notice or refuse to amend the Decision Notice.
The applicant appeal period then starts again (i.e. 20 business days) to lodge an appeal with the Planning and Environment Court if they do not agree with council's Negotiated Decision Notice.
Reasons for appeal by an applicant include:
- refusal, or refusal in part, of the development application
- decision to give a preliminary approval when a development permit was applied for
- length of relevant period
- a matter stated in the development approval, including any condition or infrastructure charges notice.
A submitter can only appeal against a decision by Council within the submitter appeal period, i.e. 20 business days from receiving a copy of the Decision Notice or Negotiated Decision Notice. Refer to Application tracking for information regarding status of a development application.
A submitter can only appeal against the part of the development approval relating to impact assessable development, or a variation approval in accordance with Section 51 of the Planning Act 2016.
Reasons for appeal by submitters can be against one or more of the following:
- granting of a development approval
- the length of relevant period
- a condition of, or lack of conditions for a development approval.
To lodge an appeal, a notice of appeal form must be completed and lodged with the accompanying fee to the Planning and Environment Court. Submitters are encouraged to seek private legal advice when considering an appeal.