What is a development appeal?

 

The Land and Environment Court has jurisdiction to hear and finalise proceedings under:

Mine  

Applications in Class 1 that arise under these sections of the Planning Act are referred to by the Court as development appeals. A development appeal can be made to the court when:

  • a development application, or an application to modify development consent has been made by the applicant to a consent authority

  • that consent authority has made a determination about the application, or is taken to have refused an application and

  • the applicant is dissatisfied with the consent authority’s determination there is a right of appeal under s 97 or s 97AA of the Planning Act (also see Who can make a development appeal?).

What is an objector appeal?

The Court also has jurisdiction to hear and dispose of appeals under s 98 of the Planning Act by objectors who are dissatisfied by a consent authority’s determination to grant consent to a development application for designated development. These appeals are referred to by the Court as objector appeals.

An objector appeal can only be made to the Court when (inclusively):

  • the development application, or an application to modify development consents, has been made to a consent authority

  • the proposed development is a designated development, that is (according to s 77A of the Planning Act), it is declared to be designated development by an environmental planning instrument or the regulations ( cl 4, Sch 3 of the Environmental Planning and Assessment Regulations 2000 (the Planning Regulations)); a designated development is typically a development that is likely to have a significant impact on the environment, such as a mine, a quarry, a marina or an abattoir

  • the objector made a submission objecting to the development application during the submission period (also see Who can make a development appeal?)

  • the consent authority has given consent to the application and the objector is dissatisfied with the consent authority’s determination.

 

 

 

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