APPEALS ABOUT INFRASTRUCTURE

October 2008

Please Select an Article to Read

• 1. Appeals against infrastructure contributions conditions
• 2. Conditions for supply of additional trunk infrastructure pursuant to Chapter 5 Part 1 IPA
• 3. Conditions for additional trunk infrastructure costs pursuant to Chapter 5 Part 1 IPA
• 4. Appeals against Infrastructure Charges Notices

 

4. Appeals against Infrastructure Charges Notices

Section 4.1.36 IPA (Appeals about particular infrastructure charges) provides a mechanism for a person who has been given an infrastructure charges notice or a regulated State infrastructure charges notice to appeal.

Importantly, appeals about conditions requiring drainage and transport infrastructure contributions imposed pursuant to a planning scheme policy forming part of an IPA scheme, prepared in accordance with section 6.1.20 IPA (Planning scheme policies for infrastructure)17 must also be commenced pursuant to this section. 18 

4.1 Timeframe to commence appeal

An appeal made pursuant to section 4.1.36 IPA must be commenced by the person who was given the notice within 20 business days after:

1. the day the applicant is given notice of the decision about the approval - if the notice is given because of a development approval or master plan approval; or
2. otherwise - the day the notice is given to the person.

4.2 Limitation on grounds of appeal

Critically, an appeal may only be made about the following matters:

1. whether a charge in the notice is so unreasonable that no reasonable relevant local government, State infrastructure provider or coordinating agency could have imposed it; or
2. an error in the calculation of the charge.

The grounds upon which an appeal may be commenced pursuant to section 4.1.36 IPA were changed on 18 July 2008. Previous to this date, it was possible to appeal about the methodology used to establish the charge in the infrastructure charges schedule, in addition to an error in the calculation. Appeals against the methodology are now expressly precluded by section 4.1.36(5) IPA.

4.3 Appeal to Court or tribunal

An appeal may be made to the Planning and Environment Court, or to a tribunal if the matter is one in which the tribunal has jurisdiction. 19 However, an appeal to a tribunal is limited to an error in the calculation of the charge, and cannot be made in respect of the unreasonableness of the charge.

 

If you have any questions, please contact:

Danielle Bland
(07) 3002 6777