As a Planning Lawyer I am often asked by clients, what can I do
if Council does not approve my development application?
How can Council refuse a development application?
A development application can be refused two ways, a development
application will be 'deemed' to have been refused if the
Council has not determined the development application within 40
days or 60 days for designated development and integrated
development. An actual refusal of a development application is when
the Council provides you with a Notice of Determination advising
that the application has been refused and advising on what grounds
it has been refused.
What options are available if a development application is
Where the Council has refused consent to a development
application, the applicant may request the Council to review its
decision within 6 months after the date that the development
application was refused. If Council reviews its decision and comes
to the same conclusion you have the option of lodging a Class 1
Appeal in the Land and Environment Court.
If you do not want a review of Councils decision you can lodge a
Class 1 Appeal in the Land and Environment Court. An appeal must be
lodged with the Land and Environment Court within 6 months of the
date of refusal.
It is important to note that the 6 months to lodge an appeal
runs from the date of the refusal not from the date of the review.
In other words, your time to appeal does not stop while you are
waiting on the result of the review application.
If your application is a deemed refusal you can lodge a Class 1
Appeal in the Land and Environment Court. A deemed refusal appeal
must be lodged within 6 months plus 40 days (or 60 days in certain
circumstances) of lodgement of the development application or the
right to appeal will be lost if the Council has not actually
determined the application.
Once you have lodged an appeal the Council is no longer the
Consent Authority and you are asking the Land and Environment Court
to approve or review the Councils decision.
As there are strict time limits it is recommended that legal
advice is sought at the time that your development application is
refused so that your appeal rights are not lost.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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