Queensland Numbered Acts Queensland Numbered Acts(1) An appeal is by way of hearing anew.
(2) However, if the appellant is the applicant or a submitter for a development application, or is a person who has applied for approval of a proposed master plan, the court--
(a) must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws and policies the court considers appropriate; and
(b) must not consider a change to the application on which the decision being appealed was made unless the change is only a minor change.
(3) Also, if the appellant is a person who made a request for compliance assessment, the court must decide the appeal based on the laws and policies applying when the request was made, but may give weight to any new laws and policies the court considers appropriate.
(4) To remove any doubt, it is declared that if the appellant is the applicant or a submitter for a development application--
(a) the court is not prevented from considering and making a decision about a ground of appeal (based on a concurrence agency's response) merely because this Act required the assessment manager to refuse the application or approve the application subject to conditions; and
(b) in an appeal against a decision about a development application (superseded planning scheme), the court also must--
(i) consider the appeal as if the application were made under the superseded planning scheme; and
(ii) disregard the planning scheme applying when the application was made.
(5) Further, if the appellant is a person who has applied for approval of a proposed master plan, the court is not prevented from considering and making a decision about a ground of appeal (based on any coordinating agency's response) merely because this Act required the local government to refuse the application or include conditions in any approval of a master plan.
(6) In addition, if the appellant is a person who made a request for compliance assessment--
(a) the court is not prevented from considering and making a decision about a ground of appeal (based on a response given by a local government under section 402) merely because this Act required the compliance assessor to give an action notice or include conditions in a compliance permit or compliance certificate; and
(b) in an appeal against a decision about a request for compliance assessment assessed and decided under a superseded planning scheme, the court also must--
(i) consider the appeal as if the request were made under the superseded planning scheme; and
(ii) disregard the planning scheme applying when the request was made.