Environmental Planning and Assessment Act 1979 No 203
Historical version for 28 February 2011 to 2 March 2011 (accessed 31 January 2015 at 08:34) Current version
Part 4Division 2Section 82B

82B   Review where development application not accepted

(1) Application of section
This section applies if a council as consent authority determines that a development application is to be rejected and not determined.
(2) Applications for council review
The applicant may request a council to review the decision to reject and not determine the application.
(3) Council must review decision
A council must, on a request made in accordance with this section, conduct a review.
(4) Persons who may conduct review
The review must be conducted:
(a)  if the decision was made by the council—by the council, or
(b)  if the decision was made by a delegate of the council—by the council or another delegate of the council who is not subordinate to the delegate who made the determination.
(5) Determination of council review
As a consequence of the review, the council may confirm its decision or proceed to consider the development application.
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