sec.46Nature of appeal

sec.46 Nature of appeal

If, for a Planning Act appeal, the appellant was the applicant or a submitter for a development application the subject of the appeal, section 43 applies subject to subsections (2) to (5) . The Planning Act , section 45 applies for the P&E Court’s decision on the appeal as if— the P&E Court were the assessment manager for the development application; and the reference in subsection (8) of that section to when the assessment manager decides the application were a reference to when the P&E Court makes the decision. The P&E Court can not consider a change to the development application unless the change is only a minor change to the application. The P&E Court can not consider a change to the development approval the subject of a change application unless the change is only a minor change to the approval. The P&E Court is not prevented from considering and making a decision about a ground of appeal (based on a referral agency response under the Planning Act ) merely because that Act required the assessment manager to refuse the development application or approve it subject to conditions. If the appeal is against a decision about a superseded planning scheme application under the Planning Act , the P&E Court must— consider the aspect of the appeal relating to the assessment manager’s consideration of the superseded planning scheme in question as if the application had been made under the superseded planning scheme; and in considering the aspect, disregard the planning scheme in force when the application was made. s 46 amd 2019 No. 11 s 231 s ch 1 pt 1 ; 2025 No. 14 s 86 sch 1 (sec.46-ssec.1) If, for a Planning Act appeal, the appellant was the applicant or a submitter for a development application the subject of the appeal, section 43 applies subject to subsections (2) to (5) . (sec.46-ssec.2) The Planning Act , section 45 applies for the P&E Court’s decision on the appeal as if— the P&E Court were the assessment manager for the development application; and the reference in subsection (8) of that section to when the assessment manager decides the application were a reference to when the P&E Court makes the decision. (sec.46-ssec.3) The P&E Court can not consider a change to the development application unless the change is only a minor change to the application. (sec.46-ssec.4) The P&E Court can not consider a change to the development approval the subject of a change application unless the change is only a minor change to the approval. (sec.46-ssec.5) The P&E Court is not prevented from considering and making a decision about a ground of appeal (based on a referral agency response under the Planning Act ) merely because that Act required the assessment manager to refuse the development application or approve it subject to conditions. (sec.46-ssec.6) If the appeal is against a decision about a superseded planning scheme application under the Planning Act , the P&E Court must— consider the aspect of the appeal relating to the assessment manager’s consideration of the superseded planning scheme in question as if the application had been made under the superseded planning scheme; and in considering the aspect, disregard the planning scheme in force when the application was made.