Review
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Understand the discontent
- Determine the specific reason for seeking a review, such as a refusal, unsatisfactory condition of approval, or delay in determination.
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Eligibility for review
- Check if your development application qualifies for review, noting that certain types like designated development, complying development, or crown development may not be eligible.
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Reviewing authority
- Identify the appropriate reviewing authority, which may involve the elected Council, planning panel, or another Council delegate not subordinate to the original decision-maker.
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Review application process
- Research the process for lodging a review application, which typically involves using specific forms or checking an additional box on the standard DA form.
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Documentation for review
- Prepare a written addendum to your application explaining the reasons for the review and why approval should be granted, along with any supporting documents.
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Review fee
- Determine the maximum fee for a review, typically outlined in the Regulations, usually not exceeding 50% of the original fee.
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Submission of review request
- Submit your review request following the designated method, whether in person, by mail, or electronically.
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Retain copies
- Keep copies of all review-related documents, including the request and supporting materials.
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Appeal
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Reasons for appeal
- Understand the grounds for appeal, including dissatisfaction with the determination, approval conditions, or prolonged assessment.
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Appeal authority
- The Land and Environment Court of NSW handles appeals related to Development Applications.
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Appeal categories
- Appeals can be made for various reasons, including refusal, unfavorable conditions, or delays in assessment.
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Objector appeals (Designated developments)
- Objectors can appeal decisions for designated developments but only for legal errors.
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Appeal timelines
- The timeframes for filing appeals, which usually allow applicants six months and objectors 28 days from the date of determination.
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Court’s decision-making authority
- The Land and Environment Court’s decision in an appeal becomes the final decision regarding the development application.
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Additional applications for appeal
- Certain other applications, like Construction Certificates or Occupation Certificates, can also be appealed to Court if not issued appropriately.
Land and environment court
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Background of the court
- Familiarize yourself with the Land and Environment Court’s role, establishment, and jurisdiction, which covers environmental, planning, and land matters.
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Court structure
- Understand the court’s structure, which includes judges and commissioners handling various types of matters.
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Class 1 appeals
- For planning matters, class 1 appeals relate mainly to refusals or deemed refusals of Development Applications, following specific procedures in Division 8.3 of the Environmental Planning and Assessment Act.
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Conciliation conferences
- Know that class 1 appeals may involve conciliation conferences to reach agreements between parties before proceeding to an ultimate hearing.
Class 4 appeals
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Nature of class 4 appeals
- Class 4 appeals may concern breaches of the Environmental Planning and Assessment Act, allowing individuals to seek orders to remedy or restrain such breaches.
Examples of class 4 appeals
- Understand when class 4 appeals might be relevant, such as challenging zoning changes or development consents tainted by legal errors.
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Legalistic nature
- Class 4 appeals tend to be more legalistic and may result in cost awards to the successful party.
Approvals issued corruptly
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Corrupt approvals proceedings
- Know that civil enforcement proceedings can be initiated for “development consent tainted by corruption,” as recommended by the Independent Commission Against Corruption (ICAC).
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Reasons for corrupt approvals proceedings
- Understand the circumstances under which development consent may be revoked or suspended due to serious corrupt conduct involving the consent authority or its officers.
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EP&A Act breach remediation
- Proceedings related to corrupt approvals can address violations of the Environmental Planning and Assessment Act.
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Ministerial intervention
- Be aware that the Minister may suspend a tainted development consent pending proceedings, without prior notice or inquiry.
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Legal counsel (if needed)
- Consider seeking legal counsel for appeals or proceedings involving corrupt approvals, given their complex nature and potential legal implications.
