Should you be dissatisfied with a decision by Council on a DA or an Application to Modify a Development Consent (s96), you can have the determination reviewed. Council is able to review and reconsider the decision or condition placed on an application dealt with by a Council officer (delegated decision). In the case of a minor DA, this can circumvent a costly and lengthy appeal to the Land and Environment Court.
Should a review be contemplated, sufficient time should be allowed for Council to undertake public notification and other processes involved in the review of the determination. There can be no exceptions. You should seek independent legal advice regarding this process.
You cannot make an application for review where the development application was for Designated Development or Integrated Development (as defined in the Environmental Planning and Assessment Act 1979), or was determined by the Land and Environment Court. The application for a review must be made within the statutory deadline. The following deadlines apply:
- Section 82A - 6 months from the date of original decision
- Section 96AB - 28 days from the date of original decision