7 - Review of Council Decision

If you are dissatisfied with the determination of your development application or wish to make changes to your approved plans, contact us immediately so we can clarify issues and discuss your options.  Options available to you include:

Modification of a development consent

This is done under section 4.55 or 4.56 of the Environmental Planning and Assessment Act.  This may be appropriate if you disagree with particular conditions of consent or decide to amend certain aspects of the proposal.  You must complete the required application documents, and include a written justification for the proposed modification.

Section 4.55 or 4.56 modification application

Applications to modify a consent must go through a similar process as the original application including any necessary public notification.  Therefore, it is important that you allow sufficient time to obtain our approval before proceeding with any variations to the consent.

Review of determination of development application

Where council has refused your development application or imposed conditions that you are not satisfied with, you may be able to apply for a Section 8.2(1)(a) review of determination.  You must lodge this application within 6 months after the date of determination of the development application.

However, council must also complete any such review within the 6 month period identified above. There can be no exceptions.  This means that, if you are contemplating a review, you will need to allow enough time for council to undertake public notification and other processes involved in the review.  For more complicated or controversial applications council’s assessment can take several months.  You should seek independent legal advice about this process.

You cannot make an application for review where the development application was for Designated Development or Complying Development (as defined in the Environmental Planning and Assessment Act), was lodged by the Crown, or was determined by the Land and Environment Court.  The fee payable for a review of determination is subject to the sliding scale prescribed by clause 257 of the Environmental Planning Assessment Regulation.

Review of determination of section 4.55 or 4.56 modification

Where council has refused your application for a Section 4.55 or 4.56 modification or imposed conditions that you are not satisfied with, you may be able to apply for a Section 8.2(1)(b) review of modification.  You must lodge this application within 28 days after the date of determination of the Section 4.55 or 4.56 modification application.  Council has a maximum of 6 months from the date of its original decision to make a decision on the review.

You cannot make an application for review where the modification was for designated development (as defined in the Environmental Planning and Assessment Act), was lodged by the Crown, or was determined by the Land and Environment Court. 

The fee payable for a review of determination is subject to a fee of 50% of the fee that was payable in respect of the application that is subject of the review.

Review of rejection of development application

Where council has formally rejected your development application, and not determined it, you may be able to apply for Section 8.2(1)(c) review of rejection.  You must lodge this application within 14 days after council gives written notice of its decision to reject the application.  Council then has a maximum of 14 days to make a decision on the review.  The fee payable for a review of rejection is subject to the sliding scale prescribed by clause 257A of the Environmental Planning Assessment Regulation

An appeal to the Land and Environment Court

An appeal must be lodged within six months of the date of the notice of determination.  This date is contained at the top of your determination notice.  Before proceeding to a court hearing, the court will arrange a mediation or conference if this is acceptable to the parties.  You should make your own enquires with the Land and Environment Court.

Location

Address: ,

More information

Policies and documents

DA Guide Consideration of Development Applications Submitted by Council Policy

Forms

Section 8.2 Review of Determination of Development Application or Section 4.55 Modification Section 4.55 or 4.56 (formerly Section 96) modification of Development Consent

Enquiries

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