Queensland Numbered Acts

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SUSTAINABLE PLANNING ACT 2009 No. 36 - SECT 519

519 Appeal by applicant--particular development application for material change of use of premises

(1) This section applies to a development application if the application is only for a material change of use of premises that involves the use of a prescribed building.

(2) However, this section does not apply to the development application if any part of the application required impact assessment and any properly made submissions were received by the assessment manager for the application.

(3) The applicant for the development application may appeal to a building and development committee against any of the following--

(a) the refusal, or the refusal in part, of the application;
(b) any condition of the development approval and another matter, other than the identification or inclusion of a code under section 242, stated in the development approval;
(c) the decision to give a preliminary approval when a development permit was applied for;
(d) the length of a period mentioned in section 341;
(e) a deemed refusal of the application.

(4) An appeal under subsection (3)(a), (b), (c) or (d) must be started within 20 business days (the applicant's appeal period) after--

(a) if a decision notice or negotiated decision notice is given--the day the decision notice or negotiated decision notice is given to the applicant; or
(b) otherwise--the day a decision notice was required to be given to the applicant.

(5) An appeal under subsection (3)(e) may be started at any time after the last day a decision on the matter should have been made.



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