Determination

Development applications are determined by one of the following:

  • under delegation fro the Council by a Senior Council Officer, or
  • the Development Committee, or
  • at an Ordinary or Extraordinary Council Meeting, or
  • NSW Government Body, the Joint Regional Planning Panel

    Determination at Council

    Applicants and objectors will be notified when the Development Application is to be considered by the Council and given the opportunity to speak at the meeting. You must register to speak at a meeting of the Council. 

    Notice of Determination

    An approved Development Application usually has a number of conditions that you must satisfy. These are included in the Notice of Determination. Members of the public are able to view a Development Application Consent by requesting to view the Development Application Register at Council.

    A Notice of Determination (approval or rejection) is given to the Applicant and to each person who made a comment or objection on the Development Application. The Notice of Determination sets out the terms of the consent, appeal rights and conditions. Or, in the case of a refusal, the reasons for refusal.

    If an application is refused, reasons why it has been refused are included in the Notice of Determination. As a general rule, objectors have no right of appeal on the merits of the determination. 

    If your application is approved and involves any building or subdivision works, you will need to obtain a construction certificate prior to commencing work. 

    Post determination processes

    If your development application is approved, but you wish to make some changes to the approval, you may apply to modify the consent by lodging an Application to Modify a Development Consent with Council, under Section 96 of the Environmental Planning & Assessment Act.

    If you are dissatisfied with Council's determination, you may:

    • apply for a review of the determination with Council (the request must be made in writing and the review determined within six months of the determination date); or
    • appeal the decision at the Land and Environment Court (the appeal must be lodged within 6 months of receiving your determination).

    Determination at the Joint Regional Planning Panels

    If your application is required to be sent to the Joint Regional Planning Panels you will be advised by the Panel Secretariat, within seven (7) days as to when the application will be presented to the Panel.

    The regional panels are established to provide independent, merit based decision making on regional development. Regionally or State significant development includes:

    • Development with a Capital Investment Value over $20 million;
    • Development with a Capital Investment Value over $5 million which is:
      • Council related;
      • Lodged by or on behalf of the Crown (State of NSW);
      • Private infrastructure and community facilities; or
      • Eco-tourist facilities;
    • Extractive industries, waste facilities and marinas that are designated development;
    • Certain coastal subdivisions;
    • Development with a Capital Investment Value between $10 million and $20 million which are referred to the regional panel by the applicant after 120 days; and

    Crown development applications (with a Capital Investment Value under $5 million) referred to the regional panel by the applicant or local council after 70 days from lodgement as undetermined, including where recommended conditions are in dispute.