When can a residential development appeal be made?                


A residential development appeal to the Court under s 8.7 or s 8.9 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 8.7 and s 8.9 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 8.7 of the Planning Act, an application is deemed to have been refused (in s 8.11 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 8.9 of the Planning Act, the deemed refusal period is generally 40 days after the application was made (according to s 4.55 and s 4.56 of the Planning Act and cl 122 of the Planning Regulations).




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