Environmental Planning and Assessment Act 1979 No 203
Current version for 13 March 2012 to date (accessed 17 May 2012 at 01:30)
98 Appeal by an objector
(1) An objector who is dissatisfied with the determination of a
consent authority to grant consent to a development application for designated
development (including designated development that is integrated development)
either unconditionally or subject to conditions may, within 28 days after the
date on which notice of the determination was given in accordance with the
regulations, and in accordance with rules of court, appeal to the
Court.
(2) If an appeal has been made under subsection (1), the person who
made the development application and the consent authority referred to in that
subsection are to be given notice of that appeal, in accordance with rules of
court, and are entitled to be heard at the hearing of the appeal as parties to
the appeal.
(3) (Repealed)
(4) This section extends to a development application for State
significant development that would be designated development but for section
77A (2), and to the determination of the application and, for that purpose, a
reference in this Act to objector includes a person
who has made a submission under section 89F (3) by way of objection to a
development application for consent to carry out such State significant
development.
(5) This section does not apply to a development application
determined by the consent authority after a public hearing held by the
Planning Assessment Commission, or to the determination of the
application.