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Environmental Planning and Assessment Act 1979 No 203
Historical version for 1 December 2015 to 26 January 2016 (accessed 21 January 2020 at 01:44) Current version
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.