Appeal process and hearings
When the Registrar of the Development Tribunals receives an application for an appeal or declaration, they decide whether the application has been lodged correctly.
The Registrar then:
- gives the appeal parties written notice of the appeal or declaration, including a copy of the application and related documents
- arranges for the establishment of a tribunal of 1–5 members to hear and decide the matter
- arranges a hearing time and location with the tribunal members and parties, and provides written notification of the hearing, including if and when submissions are needed.
All parties to the appeal or declaration can provide written submissions if required before the hearing.
The Registrar sends copies of all documentation submitted to the tribunal through the registry to all parties for review (and response if required).
Be careful when submitting confidential information or documents subject to legal professional privilege, as these privileges are waived once the registry receives them.
Hearings for appeals
Although the hearing location depends on the type of appeal, most hearings are held on the site. Off-site hearings are usually held at a state or local government office.
Hearings are generally conducted in an informal manner. The tribunal may allow other people to be present to help provide technical views or information, such as engineers, architects or planners.
However, a party to the proceedings can’t be represented at the hearing by a lawyer (though you may seek independent legal advice about lodging an appeal). Complex matters may be more appropriately dealt with in the Planning and Environment Court.
Although hearings are usually conducted informally, all parties are permitted to submit their case. The tribunal may also, if appropriate, speak to others who may be affected by the decision or have relevant information, such as neighbours.
If you can’t attend a hearing, the tribunal may allow you to:
- provide a written submission
- participate via teleconference
- nominate someone to act on your behalf.
Either party may provide further submissions for tribunal consideration during the hearing, or to the registry after the hearing has concluded with the tribunal’s approval.
Mediation at the hearing may lead to an agreement on how to proceed with the matter. However, the tribunal often needs to consider the facts presented at the hearing and do more research before reaching a decision.
The registry may request further submissions and information after the hearing.
Site inspections
You usually need a site inspection for appeals relating to:
- the siting of a proposed building
- enforcement notices to repair or demolish
- pool fencing
- amenity and aesthetics appeals
- building without a permit.
Fees and costs
The fee for lodging an appeal or declaration depends on the subject matter.
See the:
- common fees for appeals and declarations
- full list of fees in the Planning Regulation 2017 (schedule 17).
Unlike a court, you won’t need to pay costs to another party if your appeal is unsuccessful.
Individual parties bear any costs relating to paying expert witnesses or the time taken by the party to attend the hearing or prepare submissions.
More information
- Fees for appeals and declarations
- About Development Tribunals
- Apply for appeal or declaration
- Contact us
- phone 1800 804 833
- email: registrar@epw.qld.gov.au
Note: The Registrar can’t provide legal advice.