Appeals about particular development applications relating to material change of use of prescribed buildings and limited class 2 buildings under the Sustainable Planning Act 2009 may be decided by the Building and Development Dispute Resolution Committees.

If an applicant receives a decision notice or a negotiated decision notice they are not satisfied with, they may start an appeal within 20 business days of the day the notice is given.

Appeals must be started within the timeframes set by the Sustainable Planning Act 2009 ( 2.6 MB).

Appeals about material changes of use

A person may lodge an appeal with the committees in relation to a development application for a material change of use of premises for a prescribed building.Some examples include:

• the refusal, or refusal in part, of an application
• a condition of the approval or a matter stated in the development approval
• a decision to give preliminary approval when a development permit was applied for
• the length of period before approval lapses
• a decision relating to an extension of a development approval
• a decision on a request to make a permissible change to a development approval
• a deemed refusal.

Appeals about conditions of particular development approvals

A person may lodge an appeal with the Building and Development Dispute Resolution Committees in relation to a development application for a material change of use of premises that involves a class 2 building classified under the Building Code of Australia. The right of appeal is limited to buildings where the proposed development is for premises of no more than three storeys and involving no more than 60 sole-occupancy units, and may only be against a condition in the development approval.

Appeals not permitted

This appeal right does not apply to a development application if any part of the application required impact assessment, and any properly made submissions were received by the assessment manager for the application.

The Building Act 1975 ( 1.1 MB) and the Building and Development Dispute Resolution Committees are part of Qplan - Queensland’s planning, development and building system.

Further information

For further information contact the Building and Development Dispute Resolution Committees.