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If Council has refused your development application, you have the right to appeal the refusal.
There are different appeal types and how you proceed will depend on your individual circumstances and what you would like to achieve.
The most cost effective avenue of appeal is a review under s 8.2-8.5 (formerly section 82A) of the Environmental Planning and Assessment Act 1979 (EPA Act). This is an internal review of the decision of the council. Upon making an application for a review, a different officer must review the determination and come to a view on whether the decision to refuse should be upheld, or the development should be approved with conditions.
Whether or not you go down the road of a review, you have the option of appealing the decision in the Land and Environment Court in Class 1 proceedings. This is a more expensive process and usually involves a hearing before a Commissioner of the Court.
Commissioners are a special type of judge with specific planning, environmental, legal or other relevant expertise.
For a more comprehensive overview of the Class 1 process, click here to see our article on Class 1 Appeals.
Strict time frames apply to appeals under the EPA Act with respect to development applications. Time is of the essence and if a development application has been refused you should call us immediately in order to preserve your rights of review or appeal.
If you need more information or help please contact us.
Lorri is a director of PDC Law. Lorri combines excellent technical expertise with a common-sense approach to best represent her clients. She is one of few Accredited Specialists in Commercial Litigation in the Illawarra and Shoalhaven. This accreditation is testament to Lorri’s expert knowledge and skill in dealing with commercial disputes. In 2019 Lorri was awarded Regional Lawyer of the Year by Women Lawyers Achievement Awards.
