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Skip Navigation LinksDepartment of Housing and Public Works > Construction > Building and plumbing > Appealing local government building application decisions > What you can appeal > Infrastructure charges appeals

 Infrastructure charges appeals

You can appeal to the Development Tribunals (Tribunals) (or the Planning and Environment Court) about matters relating to infrastructure charge decisions:

For appeal rights to the Tribunals see Schedule 1 of the Planning Act 2016.

Timeframes

If you want to appeal an infrastructure charges notice, you must lodge your appeal within 20 business days of the notice being given to you.

Find out more about timeframes and how to appeal.

What you can and can’t appeal

You can’t appeal the following to the Tribunals or the Court

  • adopted charge in a charges resolution; or
  • establishment cost in a Local Government Infrastructure Plan (LGIP); or 
  • cost of infrastructure decided using the method included in the local government’s charges resolution.

You can appeal the following to the Tribunals OR the Court

  • The notice involved an error relating to the application of the relevant adopted charge; or the working out of extra demand, for section 121; or an offset or refund; or
  • There was no decision about an offset or refund: or
  • If the infrastructure charges notice states a refund will be given – the timing for giving the refund; or
  • The amount of the charge is so unreasonable that no reasonable relevant local government could have imposed the amount.

You can’t appeal the following to the Tribunals

Appeals about the unreasonableness of the charge (Wednesbury unreasonableness) can only be appealed to the Court.

Appeals lodged with the Tribunals are processed more quickly than through the Court and are conducted in an informal manner. The chairperson of a Tribunal established to decide an appeal about an infrastructure matter must be a lawyer.

Applicants may have legal representative for the purposes of completing the appeal application and supporting documentation however a legal representative is not permitted to attend an appeal hearing under section 248(b) of the Planning Act 2016.



Last updated 02 July 2017    Creative Commons Attribution 4.0 International (CC BY 4.0)

More information

For more information, contact the Registrar, Development Tribunals:



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