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Contents (1979 - 203)
Environmental Planning and Assessment Act 1979 No 203
Current version for 13 October 2017 to date (accessed 19 November 2017 at 08:41)
Part 4 Division 2 Section 82A
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 Division 4 in respect of an application by the Crown.
(2)  A council must, on a request made in accordance with this section, conduct a review.
(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(3)    (Repealed)
(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(5)    (Repealed)
(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)–(9)    (Repealed)
(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)    (Repealed)
(12)  This section does not apply where a regional panel or a local planning panel exercises a council’s functions as the consent authority.