Environmental Planning and Assessment Act 1979 No 203
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.