Who determines an application
Council officers have delegation from the General Manager and the elected council (councillors) to determine certain applications on behalf of Council.
The elected council determines applications that are of a controversial nature, have attracted a large number of objections, or where the assessing officer's delegation is withdrawn.
What happens when my application is determined
Council will write to the applicant and provide a notice of determination.
If your application is approved, you will receive a copy of the conditions of consent, approved plans, and any other relevant documents. If your application is refused, you will receive the notice of determination with the reasons for refusal.
Where notification is required, Council will notify all persons who made a submission in relation to the application, of the determination (outcome) of that application.
The DA is valid for a period of five years, in which work must start or the consent lapses. Once the development has commenced, the consent cannot lapse.
Can a determination be reviewed
If the applicant is dissatisfied with the determination, they may request Council to review a determination, except in the following circumstances:
- complying development certificates
- designated development
- integrated development
- a determination made in respect of an application made by the Crown
- after the time limit for making an appeal (6 months)
A review of determination request under Section 82A of the Act can be made in writing to Council and a fee will apply.
The reconsideration will be dealt with by a higher level of delegation than the original determination, or the elected council.
If you are still dissatisfied with Council's determination of a development application or Council has not determined the development application within the statutory period of 40 days, you can lodge an appeal to the Land and Environment Court.
Page last updated: 23 February 2016