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Contents (1979 - 203)
Environmental Planning and Assessment Act 1979 No 203
Current version for 1 January 2018 to date (accessed 17 January 2018 at 09:58)
Part 4 Division 2 Section 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.