Who can make a development appeal?

                 

A development appeal can be made by a person who is entitled to appeal under s 97 or s 97AA of the Planning Act. That is, the person is required to be:

  • an applicant for a development application or an application to modify a development consent for development (check the applicant name on the original application to the consent authority; if the applicant name is different to the name of the person filing the appeal, the person may need to establish that the applicant was authorised to act on their behalf)

  • dissatisfied with the determination of a consent authority with respect to the applicant’s development application or modification application (including a determination on a review under s 82A or s 96AB of the Planning Act).

An objector appeal is made by a person who:

  • made a submission objecting to a development application for designated development during the submission period (check the applicant name on the original application to the consent authority; if the applicant name is different to the name of the person filing the appeal, the person may need to establish that the applicant was authorised to act on their behalf)

  • is dissatisfied with the determination of a consent authority to grant consent to that development application. See s 98(1) as well as s 4(1) and s 79(5) of the Planning Act for definitions and more information concerning objectors.

 

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