A public consultation document on the proposed changes to the planning laws for appeal cases opens on Monday.

The Government said that these proposed changes mean that when an appeal is made against a development permit, work cannot begin until the appeal is decided definitively.

The goal of the changes is to create a fairer and more efficient system, the Government said.

The Discussion Paper details the amendments that the Government is proposing both to the Development Planning Act and to the Act that established the Environment and Planning Review Tribunal ( EPRT). The aim of these amendments will be that when an appeal is made by registered third parties or by an external authority that is opposing a permit, there will be an automatic suspension of the effectiveness of the permit.

According to the current laws, the suspension of the works when an appeal is made, can only be done in limited circumstances.

With the new amendments the Government wants to see that while there is full access to the judicial process there is also certainty about the development process.

The Government said that these changes also mean an investment in the efficiency of the Tribunal and the Court of Appeal so that appeals against development permits are decided without undue delay.

For this purpose a decision on an appeal against a development permit must be taken by the Review Tribunal as well as by the Court of Appeal within a defined period of time.

The necessary amendments will establish ‘timeframes’ in which decisions must be made by the Tribunal, as well as by the Court of Appeal.

The Government said that public consultation and talks with stakeholders and those interested persons will help to determine the best timeframes while ensuring a proper hearing that respects the principles of natural justice.

Other amendments aim to strengthen the Act on the Tribunal with the aim that the process is not abused by appeals that are considered “frivolous and baseless,” it said.

The consultation will open from Monday, the 9th of October and will close on Friday, the 3rd of November.

The discussion document and submission information can be accessed by clicking here.

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