An applicant or a submitter can appeal decisions made by council to approve or refuse a development application.
In Queensland, the Planning and Environment Court hears matters relating to planning and development.
Under the Planning Act 2016 a decision can be appealed by:
- an applicant who is dissatisfied with a development decision or with a condition
- a submitter who is dissatisfied with a development decision. A submitter is someone who made a properly made submission about a proposed development assessed under Impact assessment.
You can appeal to a Development Tribunal for building, plumbing and some planning decisions made by council and private building certifiers.
For more information, see the Queensland government webpage about dispute resolution.
Reasons for appeal
As an applicant, you can appeal:
- a refusal, or refusal in part of the development application
- a matter stated in the development approval, including conditions
- a decision for preliminary approval when a development permit was applied for
- a deemed refusal
- against an infrastructure charges notice.
Refer to Queensland Government website about what you can appeal at a Development Tribunal.
As a submitter, you can appeal against the part of the decision that was subject to impact assessment. This includes:
- granting of a development approval
- a condition on the approval, where the submitter feels the approval requires additional conditions.
Learn more about making a submission.
How to lodge an appeal
Visit the Planning and Environment Court webpage for information on:
- how to lodge an appeal
- court costs and fees
- forms you may need
- accessing court files.
This court hears proceedings, including planning and development matters under the Planning Act 2016.
You can appeal to the Development Tribunal if you are dissatisfied with building, plumbing and certain planning decisions made by council or private building certifiers.
What information is available to the public?
The Court documents filed in an appeal are available to the public from the Court’s website.
Generally, the public can go into the Court when a hearing is in progress and observe the proceedings.
You can search for a specific appeal.
Advice on appeals
A private planning consultant or a lawyer familiar with the Planning and Environment Court can be of assistance when considering whether to lodge an appeal.