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Determination of a Development ApplicationLast modified: September 24, 2009 - 10:54 AM
Development assessment, reporting and determination must be in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and the Environmental Planning & Assessment Regulations 2000. A Development Application may be determined by approval or refusal. An approval consists of Conditions of Consent, has a time limit and may require additional applications and information to be submitted to Council. Determination of a Development Application
Development Applications are determined in accordance with Section 80 of the Environmental Planning & Assessment (EP&A) Act 1979 and may take four forms: Following determination of a Development Application the applicant may apply for a review of the decision, or modification to the development consent conditions. Review of Development Application DeterminationIn accordance with Section 82A of the Environmental Planning and Assessment Act 1979, the applicant may apply for a Review of Development Application Determination. This applicaiton may be lodged with Council within twelve months of the determination and there may be one of three outcomes:
Application Form Modification of Development ConsentIn accordance with Section 96 of the Environmental Planning and Assessment Act 1979, the applicant may apply for a Modification of Development Consent where they believe there has been:
Application Form Appealing a determinationIn accordance with the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulations 2000, Development Application determinations may be subject to appeal. Applicant Appeal under Section 97 of the Environmental Planning & Assessment Act 1979 Under Section 97 of the Environmental Planning & Assessment Act 1979 an applicant has twelve months from the date of determination to lodge an appeal with the Land & Environment Court. This provision applies to the majority of Development Applications determined by Council. Applicant Appeal under Section 113 of the Environmental Planning & Assessment Act 1979 Under Section 113 of the Environmental Planning & Assessment Act 1979 an applicant may lodge an appeal with the Land and Environment Court for a deemed refusal if an application has not been determined within a fixed period of time - forty or sixty days depending on the nature of the Development Application. Objector Appeal under Section 98 of the Environmental Planning & Assessment Act 1979 Under Section 98 of the Environmental Planning & Assessment Act 1979 an objector to a Designated or Integrated Development Application has twenty-eight days from the date of notification of the determination, to lodge an appeal with the Land & Environment Court. For more information on appeal forms, fees and processes please go to: Land and Environment Court, New South Wales . Development Consent Conditions All approved developments are generally subject to Development Consent Conditions. Conditions of Consent may require:
Additional Information RequiredExamples of additional information which may be required to be submitted as a condition of development consent include:
Related ApplicationsExamples of applications which may be required to be submitted as a condition of development consent include the following. Click on the link for further information and to download an application form:
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