Can I object to someone else’s development?

Yes. A person who considers that there are planning grounds for not approving a development, may raise an objection.

When a development application is lodged with a council, that council must, as soon as practicable, notify those people identified in clause 88 of the Environmental Planning and Assessment Regulation 2005. Those people include owners or occupiers of adjoining land.

A person does not have to be notified of a development by council in order to raise an objection. An objection may be raised by anyone. However, the content of the objection should still be relevant to the development, not personal in nature and not made by someone who will not be impacted by the development.

The NSW Ombudsman provides some direction on how a submission should be drafted:

Good submissions are fairly short and to the point. They do not use emotive language or personal criticism. They focus on non-compliance only where that has a significant impact, and they suggest changes that might resolve the problems identified (source).

Section 4.15 of the Environmental Planning and Assessment Act 1979 requires council to have regard to the terms of the objection and consider it when coming to a determination on whether the development should be approved.

However, the submission will be one of many considerations which the assessing officer must have regard to and may not have the effect of stopping the development.

If the council decides to refuse the development, but the developer appeals that decision, objectors may be invited to make submissions to the Court during the appeal process.

If you have any concerns regarding a development or an objection raised with respect to a development, contact us today.