Planning And Environment Court | Development Refusal Appeal

Action for refusal of a Development Application

In accordance with the Planning Act 2016, once the Council reaches a decision, the applicant or a member of the community who has made a valid submission, may appeal the Council decision.

There are two types of appeals for Development Applications, which are:

An appeal can be filed by the applicant of the Development Application, this generally only occurs where the Application has received a Development Application refusal.
A “Submitter Appeal” is an appeal filed by a person or group of persons that made a proper submission on an assessable Development Application or variation request.

Other reasons for an appeal by an applicant may include:
- A refusal in part of the Development Application
- A deemed refusal
- A matter identified in the decision of an approval, including its conditions

A submitter may also appeal the granting of a Development Approval, or a condition of a Development Approval (or lack of a condition). Meaning the submitter may believe that the proposed and approved development is detrimental to themselves, third parties, or the environment.

If you're considering appealing a Development Application refusal, we recommend contacting a professional such as a Doyen Town Planner.

We can provide you with an overview of the process and connect you with an established network of professionals who work productively together and who have a proven track record of assisting with appeals.

Appeals Database

The Planning & Environment Court maintains an Appeal Database which is made available to the public by the Department of State Development, Manufacturing, Infrastructure, and Planning (DSDMIP).

The database provides a list of all appeals lodged in the P&E Court that the DSDMIP has been notified of since 15 March 2008.

Using the Appeal Database is an easy way to obtain information about historical appeals or to check if an appeal has been lodged for a specific development.

Viewing previous similar appeals can tell you why plans got denied, and how they were able to be appealed.

The appeal database can be accessed here: https://planning.dsdmip.qld.gov.au/da-appeals

Lodging a Town Planning Appeal

As an Applicant

After the Council issues a decision on a Development Application, the applicant has a 20 business day period to file an appeal with the P&E court.

In the instance that a negotiation decision notice has been issued for the application, the 20 business days starts from whenever the negotiated decision notice was given to you.

As a Submitter

As a submitter, you have 20 business days to file an appeal - this period commences when the decision notice or negotiated decision notice is given to the submitter.

As the applicant can waive their appeal period, the Council advises applicants and submitters in taking note of when their appeal period begins and ends.

If you are considering lodging an appeal, we encourage you to contact a Doyen Town Planner or a solicitor to discuss your individual circumstances.

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