Environmental Planning and Assessment Act 1979 No 203
Historical version for 1 August 2008 to 31 August 2008 (accessed 20 December 2014 at 20:43) Current version
Part 4Division 2

Division 2 The procedures for development that needs consent

77   Application of Division

This Division:
(a)  applies to development that may not be carried out except with development consent, but
(b)  does not apply to complying development.
Note. Under this Part, the procedures by which development consent is obtained differ according to whether the development:
(a)  (Repealed)
(b)  is or is not designated development (which it may be declared to be by an environmental planning instrument or the regulations), and
(c)  is or is not integrated development (see Division 5).

77A   Designated development

Designated development is development that is declared to be designated development by an environmental planning instrument or the regulations.

78   The development consent process—the main steps

The main steps in the development consent process are set out in sections 78A–81 and in the regulations made for the purposes of this Part.

78A   Application

(1)  A person may, subject to the regulations, apply to a consent authority for consent to carry out development.
(2)  A single application may be made in respect of one or more of the types of development referred to in paragraphs (a)–(f) of the definition of development in section 4 (1).
(3)  If the consent authority is a council, a person (other than the Crown or a person acting on behalf of the Crown) may, in the same development application, apply for development consent and approval for anything that requires approval under the following provisions of the Table to section 68 of the Local Government Act 1993, namely:

paragraph 1 of Part A

paragraph 1–6 of Part B

paragraph 1–5 of Part C

paragraph 1 of Part E

paragraph 1–5 or 10 of Part F.

(4)  In determining a development application to which subsection (3) applies, the council may apply any of the provisions of or under the Local Government Act 1993 that it could apply if the development application were an application under that Act for the relevant approval. In particular, if development consent is granted, the council may impose a condition that is authorised under that Act to be imposed as a condition of an approval.
(5)  If development consent is granted to a development application to which subsection (3) applies, the council is taken to have granted the relevant approval under the Local Government Act 1993 that authorises the activity, but that Act has no application to the approval so taken to have been granted.
(6)  In granting development consent to a development application to which subsection (3) applies, the council may, without limiting any other condition it may impose, impose, in relation to the approval taken to have been granted under the Local Government Act 1993, either or both of the following conditions:
(a)  a condition that the approval is granted only to the applicant and does not attach to or run with the land to which it applies,
(b)  a condition that the approval is granted for a specified time.
(7)  A development application cannot be made in respect of land that is, or is part of, a wilderness area (within the meaning of the Wilderness Act 1987) unless any consent to the development required under that Act has been obtained.
(8)  A development application must be accompanied by:
(a)  if the application is in respect of designated development—an environmental impact statement prepared by or on behalf of the applicant in the form prescribed by the regulations, or
(b)  if the application is in respect of development on land that is, or is a part of, critical habitat or is likely to significantly affect threatened species, populations or ecological communities, or their habitats—a species impact statement prepared in accordance with Division 2 of Part 6 of the Threatened Species Conservation Act 1995.
Note. Part 7A of the Threatened Species Conservation Act 1995 provides for certain circumstances in which development is taken not to significantly affect threatened species, populations or ecological communities, or their habitats.
(9)  The regulations may specify other things that are required to be submitted with a development application.

79   Public participation—designated development

(1) Public exhibition and notification
As soon as practicable after a development application is made for consent to carry out designated development, the consent authority must:
(a)  place the application and any accompanying information on public exhibition for a period of not less than 30 days (the submission period) commencing on the day after which notice of the application is first published as referred to in paragraph (d), and
(b)  give written notice of the application in accordance with the regulations:
(i)  to such persons as appear to it to own or occupy the land adjoining the land to which the development application relates, and
(ii)  if practicable, to such other persons as appear to it to own or occupy land the use or enjoyment of which, in its opinion, may be detrimentally affected if the designated development is carried out, and
(iii)  to such other persons as are required to be notified by the regulations, and
(c)  cause notice of the application to be exhibited in accordance with the regulations on the land to which the application relates, and
(d)  cause notice of the application to be published in accordance with the regulations in a newspaper circulating in the locality.
(2)  If land is:
(a)  a lot within the meaning of the Strata Schemes (Freehold Development) Act 1973, a written notice to the owners corporation is taken to be a written notice under subsection (1) (b) to the owner or occupier of each lot within the strata scheme, or
(b)  a lot within the meaning of the Strata Schemes (Leasehold Development) Act 1986, a written notice to the lessor under the leasehold strata scheme concerned and to the owners corporation is taken to be a written notice under subsection (1) (b) to the owner or occupier of each lot within the scheme.
(3)  If land is owned or occupied by more than one person, a written notice to one owner or one occupier is taken to satisfy the requirements of subsection (1) (b).
(4) Inspection of application and accompanying information
During the submission period, any person may inspect the development application and any accompanying information and make extracts from or copies of them.
(5) Making of submissions
During the submission period, any person may make written submissions to the consent authority with respect to the development application. A submission by way of objection must set out the grounds of the objection.
(6) Circumstances in which public exhibition may be dispensed with
If:
(a)  a development application for designated development is amended, or substituted, or withdrawn and later replaced before it has been determined by the consent authority, and
(b)  the consent authority has complied with subsections (1), (2) and (3) in relation to the original application, and
(c)  the consent authority is of the opinion that the amended, substituted or later application differs only in minor respects from the original application,
the consent authority may decide to dispense with further compliance with subsection (1) in relation to the amended, substituted or later application. In that event, compliance with subsection (1) in relation to the original application is taken to be compliance in relation to the amended, substituted or later application.
(7)  The consent authority must give written notice to the applicant of its decision under subsection (6) at or before the time notice of the determination of the development application is given under section 81.

79A   Public participation—advertised development and other notifiable development

(1)  Notice of a development application for consent to carry out advertised development is to be given in accordance with this Act, the regulations, the relevant environmental planning instrument and any relevant development control plan.
(2)  A development application for specified development (other than designated development or advertised development) must be notified or advertised in accordance with the provisions of a development control plan if the development control plan provides for the notification or advertising of the application.

79B   Consultation and concurrence

(1) General
If, by an environmental planning instrument, the consent authority, before determining the development application, is required to consult with or to obtain the concurrence of a person, the consent authority must, in accordance with the environmental planning instrument and the regulations, consult with or obtain the concurrence of the person, unless the consent authority determines to refuse to grant development consent.
(2)  However, if, by an environmental planning instrument, the Minister, before determining a development application, is required to obtain the concurrence of a person, the Minister is required only to consult with the person.
(3) Consultation and concurrence—threatened species
Development consent cannot be granted for:
(a)  development on land that is, or is a part of, critical habitat, or
(b)  development that is likely to significantly affect a threatened species, population, or ecological community, or its habitat,
without the concurrence of the Director-General of National Parks and Wildlife or, if a Minister is the consent authority, unless the Minister has consulted with the Minister administering the Threatened Species Conservation Act 1995.
Note. If a biobanking statement has been issued in respect of the development under Part 7A of the Threatened Species Conservation Act 1995, the development is taken not to significantly affect threatened species, populations or ecological communities, or their habitats.
(4)  Despite subsection (3), if the Minister administering the Threatened Species Conservation Act 1995 considers that it is appropriate, that Minister may:
(a)  elect to act in place of the Director-General of National Parks and Wildlife for the purposes of that subsection, or
(b)  review and amend any recommendations that that Director-General proposes to make, or any advice that that Director-General proposes to offer, for the purposes of that subsection.
(5)  In deciding whether or not concurrence should be granted under subsection (3), the Director-General of National Parks and Wildlife or the Minister administering the Threatened Species Conservation Act 1995 must take the following matters into consideration:
(a)  any species impact statement that accompanied the development application,
(b)  any assessment report prepared by the consent authority,
(c)  any submissions received concerning the development application,
(d)  any relevant recovery plan or threat abatement plan,
(e)  whether the development proposed is likely to reduce the long-term viability of the species, population or ecological community in the region,
(f)  whether the development is likely to accelerate the extinction of the species, population or ecological community or place it at risk of extinction,
(g)  the principles of ecologically sustainable development,
(h)  the likely social and economic consequences of granting or of not granting concurrence.
(6)  The Minister administering the Threatened Species Conservation Act 1995 must provide the Minister who is the consent authority with any recommendations made by the Director-General of National Parks and Wildlife concerning determination of a development application relating to development referred to in subsection (3) and, if that Minister does not accept any one or more of the recommendations, that Minister must include in the determination the recommendations not accepted and that Minister’s reasons for not accepting them.
(7)  A copy of the reasons referred to in subsection (6) must be available for public inspection, during ordinary office hours, at the head office of the National Parks and Wildlife Service.
(8) Granting or refusal of concurrence
A person whose concurrence to development is required may:
(a)  grant concurrence to the development, either unconditionally or subject to conditions, or
(b)  refuse concurrence to the development.

In deciding whether to grant concurrence, the person must take into consideration only the matters stated pursuant to section 30 (3) and applicable to the development (unless the relevant environmental planning instrument is a deemed environmental planning instrument).

(9) Giving effect to concurrence
A consent authority that grants consent to the carrying out of development for which a concurrence has been granted must grant the consent subject to any conditions of the concurrence. This does not affect the right of the consent authority to impose conditions under section 80A not inconsistent with the conditions of the concurrence or to refuse consent.
(10) Avoidance of consents subject to concurrence
If, by an environmental planning instrument or by subsection (3), a development application may not be determined by the granting of consent without the concurrence of a specified person, a consent granted:
(a)  without that concurrence, or
(b)  not subject to any conditions of the concurrence,
is, subject to sections 102–104, voidable.
(11)  However, if the specified person fails to inform the consent authority of the decision concerning concurrence within the time allowed for doing so, the consent authority may determine the development application without the concurrence of the specified person and a development consent so granted is not voidable on that ground.
(12)  Nothing in this section affects any liability of a consent authority in respect of a consent granted as referred to in subsection (10) (a) or (b).

79BA   Consultation and development consent—certain bush fire prone land

(1)  Development consent cannot be granted for the carrying out of development for any purpose (other than a subdivision of land that could lawfully be used for residential or rural residential purposes or development for a special fire protection purpose) on bush fire prone land unless the consent authority:
(a)  is satisfied that the development conforms to the specifications and requirements of Planning for Bushfire Protection, ISBN 0 9585987 8 9, produced by the NSW Rural Fire Service (or, if another document is prescribed by the regulations for the purposes of this paragraph, that document), that are relevant to the development, or
(b)  has consulted with the Commissioner of the NSW Rural Fire Service concerning measures to be taken with respect to the development to protect persons, property and the environment from danger that may arise from a bush fire.
(2)  In this section:

special fire protection purpose has the same meaning as it has in section 100B of the Rural Fires Act 1997.

79C   Evaluation

(1) Matters for consideration—general
In determining a development application, a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application:
(a)  the provisions of:
(i)  any environmental planning instrument, and
(ii)  any draft environmental planning instrument that is or has been placed on public exhibition and details of which have been notified to the consent authority (unless the Director-General has notified the consent authority that the making of the draft instrument has been deferred indefinitely or has not been approved), and
(iii)  any development control plan, and
(iiia)  any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F, and
(iv)  the regulations (to the extent that they prescribe matters for the purposes of this paragraph),
that apply to the land to which the development application relates,
(b)  the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,
(c)  the suitability of the site for the development,
(d)  any submissions made in accordance with this Act or the regulations,
(e)  the public interest.
Note. See section 75P (2) (a) for circumstances in which determination of development application to be generally consistent with approved concept plan for a project under Part 3A.
Note. If a biobanking statement has been issued in respect of a development under Part 7A of the Threatened Species Conservation Act 1995, the consent authority is not required to take into consideration the likely impact of the development on biodiversity values.
(2) Compliance with non-discretionary development standards—development other than complying development
If an environmental planning instrument or a regulation contains non-discretionary development standards and development, not being complying development, the subject of a development application complies with those standards, the consent authority:
(a)  is not entitled to take those standards into further consideration in determining the development application, and
(b)  must not refuse the application on the ground that the development does not comply with those standards, and
(c)  must not impose a condition of consent that has the same, or substantially the same, effect as those standards but is more onerous than those standards,
and the discretion of the consent authority under this section and section 80 is limited accordingly.
(3)  If an environmental planning instrument or a regulation contains non-discretionary development standards and development the subject of a development application does not comply with those standards:
(a)  subsection (2) does not apply and the discretion of the consent authority under this section and section 80 is not limited as referred to in that subsection, and
(b)  a provision of an environmental planning instrument that allows flexibility in the application of a development standard may be applied to the non-discretionary development standard.
Note. The application of non-discretionary development standards to complying development is dealt with in section 85A (3) and (4).
(4) Consent where an accreditation is in force
A consent authority must not refuse to grant consent to development on the ground that any building product or system relating to the development does not comply with a requirement of the Building Code of Australia if the building product or system is accredited in respect of that requirement in accordance with the regulations.
(5)  A consent authority and an employee of a consent authority do not incur any liability as a consequence of acting in accordance with subsection (4).
(6) Definitions
In this section:
(a)  reference to development extends to include a reference to the building, work, use or land proposed to be erected, carried out, undertaken or subdivided, respectively, pursuant to the grant of consent to a development application, and
(b)  non-discretionary development standards means development standards that are identified in an environmental planning instrument or a regulation as non-discretionary development standards.

80   Determination

(1) General
A consent authority is to determine a development application by:
(a)  granting consent to the application, either unconditionally or subject to conditions, or
(b)  refusing consent to the application.
(2)  Despite subsection (1), the consent authority must refuse an application for development, being the subdivision of land, that would, if carried out, result in a contravention of this Act, an environmental planning instrument or the regulations, whether arising in relation to that or any other development.
(3) “Deferred commencement” consent
A development consent may be granted subject to a condition that the consent is not to operate until the applicant satisfies the consent authority, in accordance with the regulations, as to any matter specified in the condition. Nothing in this Act prevents a person from doing such things as may be necessary to comply with the condition.
(4) Total or partial consent
A development consent may be granted:
(a)  for the development for which the consent is sought, or
(b)  for that development, except for a specified part or aspect of that development, or
(c)  for a specified part or aspect of that development.
(5)  The consent authority is not required to refuse consent to any specified part or aspect of development for which development consent is not initially granted under subsection (4), but development consent may subsequently be granted for that part or aspect of the development.
Note. See also Division 2A for special procedures concerning staged development applications.
(6) Restrictions on determination of development applications where Commission of Inquiry is held concerning environmental aspects of proposed development
A consent authority that has received notice that the Minister has directed that an inquiry be held, in accordance with section 119, with respect to the environmental aspects of proposed development or part of any such proposed development the subject of a development application:
(a)  must not determine the development application in so far as it relates to proposed designated development, and
(b)  must not determine the development application in so far as it relates to development that is not designated development until:
(i)  the inquiry has been held, and
(ii)  the consent authority has considered the findings and recommendations of the Commission of Inquiry and any comments made by the Minister that accompanied those findings and recommendations when they were forwarded to the consent authority.
(7)  If the Minister has directed that an inquiry be held by a Commission of Inquiry in relation to any proposed designated development the subject of a development application, the Minister is to determine the application after the inquiry has been held and the Minister has considered the findings and recommendations of the Commission of Inquiry.
(8)  Sections 82, 97 and 98 do not apply to or in respect of the development application determined by the Minister under subsection (7) or its determination.
(9) Restrictions on determination of development applications for designated development
A consent authority must not determine a development application for designated development:
(a)  until after the submission period (within the meaning of section 79 (1) (a)) has expired, or
(b)  if a submission is made with respect to the application within the submission period, until after 21 days following the date on which a copy of the submission is forwarded to the Director-General have expired.
(10)  Subsection (9) (b) does not apply:
(a)  to a consent authority being the Minister or the Director-General, or
(b)  if the Director-General has waived the requirement that submissions be forwarded to the Director-General for a specified development application or for a specified class of development applications.
(10A)  (Repealed)
(11) Other restrictions on determination of development applications
The regulations may specify other matters of a procedural nature that are to be complied with before a development application may be determined.
(12) Effect of issuing construction certificate
If a consent authority or an accredited certifier issues a construction certificate, the construction certificate and any approved plans and specifications issued with respect to that construction certificate, together with any variations to the construction certificate or plans and specifications that are effected in accordance with this Act or the regulations, are taken to form part of the relevant development consent (other than for the purposes of section 96).
(13), (14)  (Repealed)

80A   Imposition of conditions

(1) Conditions—generally
A condition of development consent may be imposed if:
(a)  it relates to any matter referred to in section 79C (1) of relevance to the development the subject of the consent, or
(b)  it requires the modification or surrender of a consent granted under this Act or a right conferred by Division 10 in relation to the land to which the development application relates, or
(c)  it requires the modification or cessation of development (including the removal of buildings and works used in connection with that development) carried out on land (whether or not being land to which the development application relates), or
(d)  it limits the period during which development may be carried out in accordance with the consent so granted, or
(e)  it requires the removal of buildings and works (or any part of them) at the expiration of the period referred to in paragraph (d), or
(f)  it requires the carrying out of works (whether or not being works on land to which the application relates) relating to any matter referred to in section 79C (1) applicable to the development the subject of the consent, or
(g)  it modifies details of the development the subject of the development application, or
(h)  it is authorised to be imposed under section 80 (3) or (5), subsections (5)–(9) of this section or section 94, 94A, 94EF or 94F.
(2) Ancillary aspects of development
A consent may be granted subject to a condition that a specified aspect of the development that is ancillary to the core purpose of the development is to be carried out to the satisfaction, determined in accordance with the regulations, of the consent authority or a person specified by the consent authority.
(3)  A consent authority that has not determined a request to indicate whether a specified aspect of development has been carried out to the satisfaction of the consent authority, or a person specified by the consent authority, within the relevant period, prescribed by the regulations, applicable to the aspect or the development is, for the purpose only of section 97, taken to have determined the request by indicating that it, or the person, is not satisfied as to the specified aspect.
(4) Conditions expressed in terms of outcomes or objectives
A consent may be granted subject to a condition expressed in a manner that identifies both of the following:
(a)  one or more express outcomes or objectives that the development or a specified part or aspect of the development must achieve,
(b)  clear criteria against which achievement of the outcome or objective must be assessed.
(5) Modification or surrender of consents or existing use rights
If a consent authority imposes (as referred to in subsection (1) (b)) a condition requiring the modification or surrender of a consent granted under this Act or a right conferred by Division 10, the consent or right may be modified or surrendered subject to and in accordance with the regulations.
(6) Conditions and other arrangements concerning security
A development consent may be granted subject to a condition, or a consent authority may enter into an agreement with an applicant, that the applicant must provide security for the payment of the cost of any one or more of the following:
(a)  making good any damage caused to any property of the consent authority (or any property of the corporation) as a consequence of the doing of anything to which the consent relates,
(b)  completing any public work (such as road work, kerbing and guttering, footway construction, stormwater drainage and environmental controls) required in connection with the consent,
(c)  remedying any defects in any such public work that arise within 6 months after the work is completed.
(7)  The security is to be for such reasonable amount as is determined by the consent authority.
(8)  The security may be provided, at the applicant’s choice, by way of:
(a)  deposit with the consent authority, or
(b)  a guarantee satisfactory to the consent authority.
(9)  The security is to be provided before carrying out any work in accordance with the development consent or at such other time as may be agreed to by the consent authority.
(10)  The funds realised from a security may be paid out to meet any cost referred to in subsection (6). Any balance remaining is to be refunded to, or at the direction of, the persons who provided the security.
(10A)  A condition of a consent has no effect to the extent that it requires a compliance certificate to be obtained in respect of any development.
(11) Prescribed conditions
A development consent is subject to such conditions as may be prescribed by the regulations.

81   Post-determination notification

(1)  The consent authority must, in accordance with the regulations, notify its determination of a development application to:
(a)  the applicant, and
(b)  in the case of a development application for consent to carry out designated development, each person who made a submission under section 79 (5), and
(c)  such other persons as are required by the regulations to be notified of the determination of the development application.
(2)  If the consent authority is not the council, the consent authority must notify the council of its determination.
(3)  In the case of a development application for consent to carry out designated development, the consent authority must also notify each person who made a submission under section 79 (5) by way of objection of the person’s rights to appeal against the determination and of the applicant’s rights to appeal against the determination.

81A   Effects of development consents and commencement of development

(1) Erection of buildings
A development consent that enables the erection of a building is sufficient to authorise the use of the building when erected for the purpose for which it was erected if that purpose is specified in the development application, subject to section 109M.
Note. Section 109M prohibits the occupation or use of a new building unless an occupation certificate has been issued for the building.
(2)  The erection of a building in accordance with a development consent must not be commenced until:
(a)  a construction certificate for the building work has been issued by the consent authority, the council (if the council is not the consent authority) or an accredited certifier, and
(b)  the person having the benefit of the development consent has:
(i)  appointed a principal certifying authority for the building work, and
(ii)  notified the principal certifying authority that the person will carry out the building work as an owner-builder, if that is the case, and
(b1)  the principal certifying authority has, no later than 2 days before the building work commences:
(i)  notified the consent authority and the council (if the council is not the consent authority) of his or her appointment, and
(ii)  notified the person having the benefit of the development consent of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and
(b2)  the person having the benefit of the development consent, if not carrying out the work as an owner-builder, has:
(i)  appointed a principal contractor for the building work who must be the holder of a contractor licence if any residential building work is involved, and
(ii)  notified the principal certifying authority of any such appointment, and
(iii)  unless that person is the principal contractor, notified the principal contractor of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and
(c)  the person having the benefit of the development consent has given at least 2 days’ notice to the council of the person’s intention to commence the erection of the building.
(3) Subdivision of land
A development consent that enables the subdivision of land may authorise the carrying out of any physical activity in, on, under or over land in connection with the subdivision, including the construction of roads and stormwater drainage systems.
Note. A plan of subdivision cannot be registered under the Conveyancing Act 1919 unless a subdivision certificate has been issued for the subdivision.
(4)  Subdivision work in accordance with a development consent must not be commenced until:
(a)  a construction certificate for the subdivision work has been issued by the consent authority, the council (if the council is not the consent authority) or an accredited certifier, and
(b)  the person having the benefit of the development consent has appointed a principal certifying authority for the subdivision work, and
(b1)  the principal certifying authority has, no later than 2 days before the subdivision work commences:
(i)  notified the consent authority and the council (if the council is not the consent authority) of his or her appointment, and
(ii)  notified the person having the benefit of the development consent of any critical stage inspections and other inspections that are to be carried out in respect of the subdivision work, and
(c)  the person having the benefit of the development consent has given at least 2 days’ notice to the council of the person’s intention to commence the subdivision work.
(5) Regulations may provide for the issue of certificates
The regulations may make provision concerning the issue of certificates for the erection of buildings and the subdivision of land.
(6) Crown building work
Subsections (2) and (4) do not apply in relation to Crown building work that is certified, in accordance with section 116G, to comply with the technical provisions of the State’s building laws.
(7) Penalty for contravention of subsection (2) or (4)
The maximum penalty that may be imposed for a contravention of subsection (2) or (4) is 1,000 penalty units.

82   Circumstances in which consent is taken to have been refused

(1)  A consent authority that has not determined a development application within the relevant period, prescribed by the regulations, applicable to the development the subject of the development application is, for the purpose only of section 97, taken to have determined the application by refusing consent on the date on which the period expires.
(2)  Nothing in subsection (1) prevents a consent authority from determining a development application after the expiration of the relevant period referred to in that subsection, whether on a review under section 82A or otherwise.
(3)  A determination pursuant to subsection (2) does not, subject to subsection (4), prejudice or affect the continuance or determination of an appeal made under section 97 in respect of a determination that is taken by subsection (1) to have been made.
(4)  If a determination pursuant to subsection (2) is made by granting consent, the consent authority is entitled, with the consent of the applicant and without prejudice to costs, to have an appeal (being an appeal made under section 97 in respect of a determination that is taken by subsection (1) to have been made) withdrawn at any time prior to the determination of that appeal.

82A   Review of determination

(1)  If the consent authority is a council, an applicant may request the council to review a determination of the applicant’s application, other than:
(a)  a determination to issue or refuse to issue a complying development certificate, or
(b)  a determination in respect of designated development, or
(c)  a determination in respect of integrated development, or
(d)  a determination made by the council under section 116E in respect of an application by the Crown.
(2)  A request for a review may be made at any time, subject to subsection (2A).
(2A)  A determination cannot be reviewed:
(a)  after the time limited for the making of an appeal under section 97 expires, if no such appeal is made against the determination, or
(b)  after an appeal under section 97 against the determination is disposed of by the Court, if such an appeal is made against the determination.
(3)  The prescribed fee must be paid in connection with a request for a review.
(3A)  In requesting a review, the applicant may make amendments to the development described in the original application, subject to subsection (4) (c).
(4)  The council may review the determination if:
(a)  it has notified the request for review in accordance with:
(i)  the regulations, if the regulations so require, or
(ii)  a development control plan, if the council has made a development control plan that requires the notification or advertising of requests for the review of its determinations, and
(b)  it has considered any submissions made concerning the request for review within any period prescribed by the regulations or provided by the development control plan, as the case may be, and
(c)  in the event that the applicant has made amendments to the development described in the original application, the consent authority is satisfied that the development, as amended, is substantially the same development as the development described in the original application.
(4A)  As a consequence of its review, the council may confirm or change the determination.
(5)  The decision whether or not to review the determination must not be made by the person who made the determination unless that person was the council, but is to be made by a person who is qualified under subsection (6) to make the review.
(6)  If the council reviews the determination, the review must be made by:
(a)  if the determination was made by a delegate of the council—the council or another delegate of the council who is not subordinate to the delegate who made the determination, or
(b)  if the determination was made by the council—the council.
(7)  The council must give notice of the result of the review to the applicant as soon as practicable after the review.
(8)  If on the review the council grants development consent, or varies the conditions of a development consent, the council must endorse on the notice the date from which the consent, or the consent as varied, operates.
(9)  If on a review the council changes a determination, the changed determination replaces the earlier determination as from the date of the review.
(10)  If on a review the council grants development consent, or varies the conditions of a development consent, the council is entitled, with the consent of the applicant and without prejudice to costs, to have an appeal made under section 97 in respect of its determination withdrawn at any time prior to the determination of that appeal.
(11)  A decision on a review may not be further reviewed under this section.

83   Date from which consent operates

(1)  Subject to subsections (2) and (3), if a determination is made by the granting of consent, the consent becomes effective and operates from:
(a)  except as provided in paragraph (b)—the date that is endorsed on the notice given to the applicant in accordance with section 81 (1) of the determination of the development application or under section 82A (7), or
(b)  in the case of designated development to which an objection has been made in accordance with section 79 (5):
(i)  if consent was granted under section 80 (7) following the holding of an inquiry by a Commission of Inquiry—the date that is endorsed on the notice of the determination of the development application given to the applicant in accordance with section 81 (1), or
(ii)  in any other case—the expiration of 28 days from the date that is endorsed on the notice of the determination of the development application given to the applicant in accordance with section 81 (1).
(2)  Subject to subsection (3), if a determination is made by the granting of consent or the granting of consent subject to conditions, and an appeal has been made under section 97 or 98, the consent:
(a)  ceases to be, or does not become, effective pursuant to subsection (1), and
(b)  becomes effective and operates from the date of the determination of that appeal, except where that decision is to refuse development consent.
(3)  A consent referred to in subsection (1) or (2) is void and, except for the purposes of section 97 or 98, is taken never to have been granted if:
(a)  an appeal under section 97 is dismissed and development consent is refused, or
(b)  an appeal under section 98 is upheld, with the effect that development consent is refused.
(4)  If a determination is made by refusing consent or if an application is taken by section 82 to have been so determined, and the decision on the appeal made pursuant to section 97 in respect of that determination has the effect of granting consent, the decision is taken to be a consent granted under this Division and that consent is effective and operates from the date of that decision.
(5)  Despite any other provision of this section, a development consent is taken to become effective and operate from such date as may be fixed by:
(a)  a court (whether or not the Land and Environment Court) that finally determines an appeal on a question of law which confirms the validity of, or results in the granting of, the consent, or
(b)  the Land and Environment Court, if the validity of a consent granted by that Court is confirmed by, or the consent is granted by that Court as a result of, such a final determination made by another court that has not fixed that date.
(6)  A development consent in respect of a development application that is taken to have been determined under Part 5A operates from the date on which it is taken to have been determined.
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