Step 8 – Can I appeal the decision?
If your application has been refused or you are not satisfied with any of the conditions that have been included in the consent notice you are able to apply for your application to be reviewed under Section 82A of the Environmental Planning and Assessment Act 1979. In conjunction with this request you are able to modify your proposal or submit additional information not originally provided. Your request is to include the following:
• A completed Section 82 Review of Determination Application form
• Statement detailing the reasons why the review is being sought
• Plans of your proposal (these may include changes to address reasons of refusal or achieve design improvements)
• Any additional information in support of your application
The Section 82A application must be determined by Council within 6 months of the date of the original notice, therefore it is advisable to lodge the application for review as soon as possible. A review is unable to be made of a Complying Development Certificate or an application for Designated Development or Integrated Development. Prior to requesting a review, it is advisable to seek advice from a planning consultant or obtain legal advice.
Alternatively you may appeal to the Land and Environment Court within 6 months of the date of the original notice. Section 97 of the Environmental Planning and Assessment Act 1979 provides further information on your Appeal rights. Prior to considering this option it is advisable to obtain advice legal advice. The Land and Environment Court website provides further information in relation to the appeal process.
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