Types of appeal
There are two forms of appeal for development applications:
- Applicant appeals - regarding decisions made about development applications.
- Submitter appeals - regarding decisions made for impact assessable applications, for further information please refer to Submissions & Submitter Appeals.
Reasons for appeal
Reasons for appeal can include the following:
- Refusal, or refusal in part, of the development application.
- A matter stated in the development approval, including any condition.
- Decision to give a preliminary approval when a development permit was applied for.
- Length of relevant period.
When you can appeal
An applicant can appeal against a decision by Council within 20 business days of the start of the applicant’s appeal period. If a negotiated Decision Notice has been sent to the applicant, then the 20 business days starts from when the negotiated Decision Notice is given.
Council advises applicants and submitters in writing when their appeal period begins and ends.
How to lodge an appeal
To lodge an appeal, a notice of appeal form must be completed and lodged with the accompanying fee to the Planning and Environment Court.