Review of Determination

If an Applicant is dissatisfied with Council’s determination on a Development Application, they may wish to explore the following options.

Review of Determination

In accordance with Section 82A of the Environmental Planning and Assessment Act 1979, an applicant may apply for a review of the determination made by the Council.

If the Development Application was handled under Delegated Authority, the Review of Determination Application is required to be referred to the next most senior delegate, which will either be a Senior Council Officer or the Council's Development Committee.

The review must be completed by Council:

An Applicant may request the Council to review a determination, except:

(a)    Determinations to issue or refuse to issue a complying development certificate

(b)   Determinations for designated development

(c)    Determinations for integrated development

(d)   Determination made by the Council under Division 4 of the Environmental Planning and Assessment Act 1979 for an application by the Crown

Appeal Rights

If you are dissatisfied with the decision of Council on your Development Application, Division 8 Appeals and related matters of the Environmental Planning and Assessment Act 1979, gives you the right to appeal to the Land and Environment Court after the applicant has received Notice of Determination or the determination has been granted by the consent authority.

Timeframe requirements for lodging an appeal can be found under section 97AA and section 98 of the Environmental Planning and Assessment Act 1979.