The Environmental Planning and Assessment Act 1979 provides that applications may either be approved, refused or deemed to have been refused.
In this situation, you may appeal the decision to the Land and Environment Court.
If Council has not responded within a set legislated period, then the application is deemed to have been refused and you may appeal the decision (within a specified time period) to the same court.
Information regarding the types of appeals is available on the Land & Environment Court NSW website.