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Planning Act 2016
sec.230Notice of appeal
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### sec.230 Notice of appeal
An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that—
is in the approved form; and
succinctly states the grounds of the appeal.
The notice of appeal must be accompanied by the required fee.
The appellant or, for an appeal to a tribunal, the registrar, must, within the service period, give a copy of the notice of appeal to—
the respondent for the appeal; and
each co-respondent for the appeal; and
for an appeal about a development application under schedule 1 , section 1 , table 1, item 1—each principal submitter for the application whose submission has not been withdrawn; and
for an appeal about a change application under schedule 1 , section 1 , table 1, item 2—each principal submitter for the application whose submission has not been withdrawn; and
each person who may elect to be a co-respondent for the appeal other than an eligible submitter for a development application or change application the subject of the appeal; and
for an appeal to the P&E Court—the chief executive; and
for an appeal to a tribunal under another Act—any other person who the registrar considers appropriate.
The service period is—
if a submitter or advice agency started the appeal in the P&E Court—2 business days after the appeal is started; or
otherwise—10 business days after the appeal is started.
A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6) .
A person elects to be a co-respondent to an appeal by filing a notice of election in the approved form—
if a copy of the notice of appeal is given to the person—within 10 business days after the copy is given to the person; or
otherwise—within 15 business days after the notice of appeal is lodged with the registrar of the tribunal or the P&E Court.
Despite any other Act or rules of court to the contrary, a copy of a notice of appeal may be given to the chief executive by emailing the copy to the chief executive at the email address stated on the department’s website for this purpose.
s 230 amd 2017 No. 12 s 50 ; 2019 No. 11 s 172
(sec.230-ssec.1) An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that— is in the approved form; and succinctly states the grounds of the appeal.
(sec.230-ssec.2) The notice of appeal must be accompanied by the required fee.
(sec.230-ssec.3) The appellant or, for an appeal to a tribunal, the registrar, must, within the service period, give a copy of the notice of appeal to— the respondent for the appeal; and each co-respondent for the appeal; and for an appeal about a development application under schedule 1 , section 1 , table 1, item 1—each principal submitter for the application whose submission has not been withdrawn; and for an appeal about a change application under schedule 1 , section 1 , table 1, item 2—each principal submitter for the application whose submission has not been withdrawn; and each person who may elect to be a co-respondent for the appeal other than an eligible submitter for a development application or change application the subject of the appeal; and for an appeal to the P&E Court—the chief executive; and for an appeal to a tribunal under another Act—any other person who the registrar considers appropriate.
(sec.230-ssec.4) The service period is— if a submitter or advice agency started the appeal in the P&E Court—2 business days after the appeal is started; or otherwise—10 business days after the appeal is started.
(sec.230-ssec.5) A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6) .
(sec.230-ssec.6) A person elects to be a co-respondent to an appeal by filing a notice of election in the approved form— if a copy of the notice of appeal is given to the person—within 10 business days after the copy is given to the person; or otherwise—within 15 business days after the notice of appeal is lodged with the registrar of the tribunal or the P&E Court.
(sec.230-ssec.7) Despite any other Act or rules of court to the contrary, a copy of a notice of appeal may be given to the chief executive by emailing the copy to the chief executive at the email address stated on the department’s website for this purpose.
- (a) is in the approved form; and
- (b) succinctly states the grounds of the appeal.
- (a) the respondent for the appeal; and
- (b) each co-respondent for the appeal; and
- (c) for an appeal about a development application under schedule 1 , section 1 , table 1, item 1—each principal submitter for the application whose submission has not been withdrawn; and
- (d) for an appeal about a change application under schedule 1 , section 1 , table 1, item 2—each principal submitter for the application whose submission has not been withdrawn; and
- (e) each person who may elect to be a co-respondent for the appeal other than an eligible submitter for a development application or change application the subject of the appeal; and
- (f) for an appeal to the P&E Court—the chief executive; and
- (g) for an appeal to a tribunal under another Act—any other person who the registrar considers appropriate.
- (a) if a submitter or advice agency started the appeal in the P&E Court—2 business days after the appeal is started; or
- (b) otherwise—10 business days after the appeal is started.
- (a) if a copy of the notice of appeal is given to the person—within 10 business days after the copy is given to the person; or
- (b) otherwise—within 15 business days after the notice of appeal is lodged with the registrar of the tribunal or the P&E Court.