sec.90Right of appeal against particular conditions

sec.90 Right of appeal against particular conditions

This section applies if a PDA development condition includes a nominated assessing authority (the entity ). The person who made the relevant PDA development application may appeal to the Planning and Environment Court against MEDQ’s decision to impose the condition. An appeal under subsection (2) must be started within 20 business days after the day the applicant is given notice of the decision. An appellant starts an appeal by lodging, with the registrar of the Planning and Environment Court, a written notice of appeal that— is in the approved form; and succinctly states the grounds of the appeal. The Planning and Environment Court Act 2016 , part 5 applies, with necessary changes, to the appeal as if— the appeal were a Planning Act appeal under that Act; and the entity were the only other party to the appeal. However— the appellant must, as soon as practicable after giving the entity the notice of appeal, give MEDQ a copy of the notice; and MEDQ may, by lodging a notice of election with the registrar of the court, elect to become a party to the appeal. MEDQ must give the other parties a copy of the notice of election as soon as practicable after it is lodged. s 90 amd 2016 No. 27 s 187 (sec.90-ssec.1) This section applies if a PDA development condition includes a nominated assessing authority (the entity ). (sec.90-ssec.2) The person who made the relevant PDA development application may appeal to the Planning and Environment Court against MEDQ’s decision to impose the condition. (sec.90-ssec.3) An appeal under subsection (2) must be started within 20 business days after the day the applicant is given notice of the decision. (sec.90-ssec.4) An appellant starts an appeal by lodging, with the registrar of the Planning and Environment Court, a written notice of appeal that— is in the approved form; and succinctly states the grounds of the appeal. (sec.90-ssec.5) The Planning and Environment Court Act 2016 , part 5 applies, with necessary changes, to the appeal as if— the appeal were a Planning Act appeal under that Act; and the entity were the only other party to the appeal. (sec.90-ssec.6) However— the appellant must, as soon as practicable after giving the entity the notice of appeal, give MEDQ a copy of the notice; and MEDQ may, by lodging a notice of election with the registrar of the court, elect to become a party to the appeal. (sec.90-ssec.7) MEDQ must give the other parties a copy of the notice of election as soon as practicable after it is lodged.

• (a) is in the approved form; and
• (b) succinctly states the grounds of the appeal.
• (a) the appeal were a Planning Act appeal under that Act; and
• (b) the entity were the only other party to the appeal.
• (a) the appellant must, as soon as practicable after giving the entity the notice of appeal, give MEDQ a copy of the notice; and