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Review of Decisions or Rejection

Application for Review of Determination

Section 82A & Section 96AB

Should you be dissatisfied with a decision by a Council officer on a Development Application (DA) or Application to Modify a Development Consent (s96), you can take the matter to the Small Permits Appeals Panel. The application for a review must be made within the statutory deadline. The following deadlines apply:

  • Section 82A - 6 months from the date of original decision
  • Section 96AB - 28 days from the date of original decision

The Appeals Panel is able to review and reconsider the decision or condition placed on an application dealt with by a Council officer (delegated decision). In the case of a minor DA, this can circumvent a costly and lengthy appeal to the Land and Environment Court.

The Appeals Panel is chaired by Councillor John McInerney and:

  • provides a forum for the applicant to discuss the proposal
  • contains an external representative

The Appeals Panel deals with matters not otherwise dealt with by Council, Council’s Planning Development and Transport Committee, the Central Sydney Planning Committee, the Local Pedestrian Cycling and Traffic Calming Committee (LPCTCC) or applications that involve a SEPP No. 1 (State Environmental Planning Policy) objection. It cannot deal with Designated or Integrated applications or requests to waive or vary statutory charges such as developer contributions under Section 94 of The Environmental Planning & Assessment Act or Section 61 of The City of Sydney Act. The Panel’s determinations must comply with Council’s policies.

You must lodge a request in accordance with the Section 82A or Section 96B provisions of The Environmental Planning and Assessment Act 1979.

Application for Review of a Rejected Development Application

Section 82B

Should your application be rejected, you can lodge an application to review the rejection. The review will be conducted by a Council planner (delegated officer). The application for review must be made within 14 days of being given notice of the rejection of the application.

The Application for Review of Determination Form and the Application for Review of a Rejected Application forms can be downloaded, or collected from one of the City of Sydney's nearest Council Locations.

The fees for review of a decision or rejection are available in Council's Schedule of Fees & Charges or from Customer Service staff at Council's One Stop Shop or Neighbourhood Service Centres.

Downloads

For More Information

If you have any questions about the review process, you can speak to the planner referred to on your Notice of Determination, the Duty Planner or the Planning Assessment unit on 02 9265 9333.

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Last Updated: Tuesday 22 March, 2011

Please Note:
While care is taken to ensure accuracy, the City of Sydney cannot guarantee that information expressed here is correct and recommends that users exercise their own skill and care with respect to its use. The City of Sydney makes no warranty or undertaking, whether expressed or implied, nor does it assume any legal liability, whether direct or indirect.