Negotiated decisions
After Council issues a decision on a development application, the applicant has a 20 business day appeal period. If the decision is a development approval, the applicant can suspend the appeal period in order to make change representations to Council to seek a negotiated decision notice.
This provides the applicant with an opportunity to make written representations to Council about changing certain aspects of the development approval, including any conditions. The change representations must be submitted to Council within 20 business days of suspending the appeal period and must describe what parts of the decision the applicant wishes to negotiate and why.
If Council agrees with any of the representations, a negotiated decision notice will be issued to the applicant, each principal submitter and any relevant referral agencies. The negotiated decision notice replaces the original decision notice given for the development application and will state the nature of the changes agreed to, as well as any conditions of the approval.
If Council does not agree with any of the representations, a notice will be issued stating Council's decision about the representations.
Appeals
After Council has made a decision on a development application, the applicant, or member of the community who has made a properly made submission on the application, has a legal right to appeal the decision in accordance with the Planning Act 2016.
Types of appeal
There are two (2) forms of appeal for development applications:
- Applicant appeals - An appeal filed by the applicant for the development application. The appeal must be filed within the applicant's appeal period. Information about the appeal period is provided in the Planning Act 2016.
- Submitter appeals - An appeal filed by a person or persons that made a properly made submission on an impact assessable development application or variation request. The appeal must be filed within the submitter's appeal period. Information about the appeal period is provided in the Planning Act 2016.
Reasons for appeal - applicant
Reasons for an appeal by an applicant can include:
- a refusal, or refusal in part, of the development application
- a matter stated in the decision on the development approval, including any condition
- a decision to give a preliminary approval
- a deemed refusal
- an infrastructure charges notice.
Reasons for appeal - submitter
A submitter can only appeal against the part of the decision relating to impact assessable development, or a variation approval. Reasons for an appeal by a submitter can include:
- the granting of a development approval
- a condition of a development approval, or a lack of conditions on the approval.
How to lodge an appeal
To lodge an appeal, a notice of appeal must be filed with the Planning and Environment Court along with the applicable fee. The Planning and Environment Court website provides information on the fees and forms you may need to lodge an appeal, as well as details of how the Court works and the hearing process.
Costs of an appeal
Under the Planning and Environment Court Act 2016, generally each party must pay their own costs in the Planning and Environment Court proceedings. Your own costs can include items such as:
- filing and court fees
- fees charged by any lawyers you engage
- fees charged by any expert witnesses you might engage to give evidence.
In some instances the Court may award costs against a party. This can include:
- when a party fails to comply with a directions order made by the Court
- when a party acts frivolously or vexatiously.
The Planning and Environment Court Act 2016 provides details on when the Court may award costs and further information can also be found on the Planning and Environment Court website.
Other types of appeal
Development tribunals
Development tribunals provide a service for people who are not satisfied with building, plumbing and planning decisions made by local government and private certifiers.
You may, for example, be able to appeal to the development tribunals if:
- your local council has recommended refusing a building development application
- you have a decision notice from a private building certifier refusing the application in line with the council's recommendation
- you are the owner of the property involved in the application.
Information on the process and remit of development tribunals can be found at the Department of Communities, Housing and Digital Economy (DCHDE) website.
Supreme court (Court of Appeal)
The Court of Appeal is a division of the Supreme Court and hears all appeals from the Supreme and District Courts, and many tribunals.
The court comprises three (3) or five (5) judges of the Supreme Court. The judges listen to the arguments by the opposing sides and decide whether an error of law was made or some crucial fact was overlooked in the original hearing.
Information on the process and how to search for a copy of Court of Appeal documents can be found at the Supreme Court (Court of Appeal) website.
Current appeals in the Planning and Environment Court and Queensland Court of Appeal
Redland City Council is currently involved in a number of appeals on planning related matters in the Planning and Environment Court and Queensland Court of Appeal. A summary of the current matters can be viewed here.
Information and documentation on current appeals and applications with the Planning and Environment Court involving Redland City Council can be found at the District Court website using the "Search civil files (eCourts) Party Search" service.
Judgements of the Planning and Environment Court can be viewed via the Supreme Court of Queensland Library website under the Planning and Environment Court link.
The Department of State Development, Infrastructure, Local Government and Planning (DSDILGP) provides a Database of Appeals that can be searched for past appeals and applications heard by the Planning and Environment Court.
The database contains:
- a consolidated list of all appeals and applications lodged in the Planning and Environment Court across Queensland of which the Chief Executive has been notified.
- information about the appeal or application, including the file number, name and year, the site address and local government.
Advice on appeals
It is recommended you seek private legal advice when considering making an appeal. You can also find further information on your appeal rights in the Planning Act 2016, which is accessible on the Queensland Legislation website.