NEWS

Has it been refused?

Applications made to local consent authorities follow a statutory process for determination.

The Environmental Planning and Assessment Act 1979 (NSW) provides that applications may either be approved, may be deemed to have been refused, or actually be refused.

When is an application deemed to have been refused?

Where a local consent authority has failed to respond within 42 days of having received a validly lodged development application (or 62 days for designated developments or integrated developments) then Regulation 113 of the Environmental Planning and Assessment Regulation 2000 (NSW) provides that the application is deemed to have refused.

Actual Refusal

Where the application is determined and not endorsed, the application is refused.

Appeals

In circumstances where an application is deemed to have been refused, or is actually assessed and refused, an aggrieved party may:

  1. Consider appealing through the council’s internal review procedures.
  2. Appeal the decision within 6 months of notice to the Land and Environment Court of NSW.

Prior to lodging an appeal, it would be prudent to ensure that all relevant matters have been dealt with including:

  1. The full development application fee has been paid to the local council;
  2. All relevant documents have been provided to the local council prior to assessment;
  3. Copies of any documents or material that have been lodged with the local council at any time are in your possession.
  4. All procedural requirements that were required prior to development consent being granted have materialised, including but not limited to, public notification.
  5. The plans attached to the development application must satisfy Schedule A to the Class 1 Practice Note of the Land and Environment Court.
  6. If there was an actual refusal, obtain a copy of the local council’s Notice of Determination that refused the development application.

Related News

What happens if you, as an insurer, have not yet concluded whether or not to indemnify an insured, and a third party commences Court proceedings against your insured (with the indemnity decision still pending)?

When these types of claims arise, an insurer (and its panel firm) can continue to act for an insured on a “reservation of rights” basis.

Read More

Can you sue if a “registered” company is “in liquidation”, “under administration” or has become “deregistered”? 

It is common to see Court proceedings commenced in the name of an individual or against an individual.   But sometimes, Court proceedings are commenced by

Read More

The Briginshaw-test

Did you know that the Briginshaw-test requires a higher standard of evidence in civil matters where serious allegations are made, such as fraud. This principle

Read More

Get in touch

Contact our team today

Stay informed

Keep up-to-date with our regular news and insights

This field is for validation purposes and should be left unchanged.
William Roberts Lawyers

Sydney

Level 22
66 Goulburn Street
SYDNEY NSW 2000

Melbourne

Level 21
535 Bourke Street
MELBOURNE VIC 3000

Brisbane

Level 8
300 Ann Street
BRISBANE QLD 4000

Singapore

Level 19
Singapore Land Tower
50 Raffles Place
SINGAPORE 048623