Planning, Development and Infrastructure Act 2016

The following applications or proceedings may be made or brought under this Division:

the owner of any land constituting a place that has been designated in the Planning and Design Code as a place of local heritage value may appeal to the Court against the decision to make the designation;

a person who has applied for a development authorisation may, in respect of a prescribed matter—

in a case where the application was made to an assessment manager appointed for an assessment panel and the assessment manager was acting as a relevant authority—

apply to the assessment panel for a review of a prescribed matter; or

appeal to the Court against a prescribed matter; or

in any other case—appeal to the Court against a prescribed matter;

a person who, after making an application under paragraph (b)(i)(A), is dissatisfied with the outcome of the review, may appeal to the

Court against a decision of the assessment panel on the review;

a person who is entitled to be given a notice of a decision under section 110(6) in respect of development classified as restricted development by the

Planning and Design Code may appeal to the Court against the decision;

a person who has applied to a council for a certificate of occupancy or an approval to occupy a building on a temporary basis may appeal to the Court against a refusal by the council to grant the certificate or to give the approval;

a person who is a party to a dispute relating to—

the effect of the Building Rules in specific circumstances; or

the manner in which the provisions of the Building Rules are, or ought to be, carried into effect; or

whether or not an application for building consent in relation to a development that is at variance with the Building Rules should be granted in a particular case; or

whether the requirements of the Building Rules in any matter relating to building work have been satisfied in a particular case, or what is necessary for the satisfaction of those requirements; or

the construction of a party wall or the proportion or amount of the expense to be borne by the respective owners of premises separated by a party wall; or

any other prescribed matter, may apply to the Court for determination of the dispute;

a person who can demonstrate an interest in a matter that is relevant to the determination of an application for a development authorisation by a relevant authority under this Act by virtue of being an owner or occupier of land constituting the site of the proposed development, or an owner or occupier of adjacent land, may apply to the Court for a review of the matter with respect to a decision under this Act as to the nature of the development under

Part 7

Division 2 Subdivision 1, Subdivision 2 or Subdivision 3.

proceedings that a person is authorised to bring before the Court by the regulations.

If—

an application that involves a dispute relating to a matter referred to in subsection (1)(e) or (f) (and no other matter) is made to the Court; or

an appeal is commenced before the Court in any case prescribed by the regulations for the purposes of this paragraph, the matter must, in accordance with the Rules of the Court, be referred to a commissioner or commissioners of the Court acting as a building referee or building referees under section 206.

A right of review under subsection (1)(g) does not limit or restrict the ability of an applicant for the relevant development authorisation to institute an appeal under subsection (1)(b).

Subsection (1) does not—

derogate from any other provision of this Act that confers a right to apply to the Court in specified or prescribed circumstances;

derogate from any other provision of this Act that prevents or restricts a right to apply to the Court in specified or prescribed circumstances.

If an application relates to the decision, direction, act, consent, approval, order or determination of a person or body acting in pursuance of delegated powers, the respondent is the principal and not the delegate.