A residential development appeal to the Court under
s 97 or
s 97AA is generally to be made within 6 months after:
the date on which the applicant received notice of the determination of the application or review,
or the date on which that application is taken to have been determined (see
s 97(1) and
s 97AA of the Planning Act).
A development application is taken to have been determined (that is, it is deemed to have been refused) if:
the development application was lodged with the consent authority
a certain period of time has elapsed, and
there has been no determination.
For appeals concerning development applications under
s 97 of the Planning Act, an application is deemed to have been refused (in
s 82(1) of the Planning Act and
cl 113 of the
Environmental Planning and Assessment Regulation 2000) after:
40 days for ordinary development
60 days for designated development or integrated development
90 days for State significant development.
For appeals concerning modification of development consents under
s 97AA of the Planning Act, the deemed refusal period is generally 40 days after the application was made (according to
s 96(6) and
96AA(3) of the Planning Act and
cl 122 of the Planning Regulations).