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Contents (1979 - 203)
Environmental Planning and Assessment Act 1979 No 203
Current version for 13 October 2017 to date (accessed 18 November 2017 at 15:18)
Part 4 Division 8
Division 8 Appeals and related matters
97   Appeal by applicant—development applications
(1)  An applicant who is dissatisfied with the determination of a consent authority with respect to the applicant’s development application (including a determination on a review under section 82A) may appeal to the Court within 6 months after:
(a)  the date on which the applicant received notice, given in accordance with the regulations, of the determination of that application or review, or
(b)  the date on which that application is taken to have been determined under section 82 (1).
(2)  An applicant who is dissatisfied with a decision that a consent authority, or a person specified by the consent authority, is not satisfied as to a matter, being a specified aspect of the development that is to be carried out to the satisfaction of the consent authority, or person, pursuant to a condition imposed under section 80A (2), may appeal to the Court within 6 months after:
(a)  the consent authority or person notifies the applicant of its decision, or
(b)  the date on which the applicant’s request is taken to have been determined under section 80A (3).
(3)  An applicant who is dissatisfied with a decision that a consent authority is not satisfied as to a matter, being a matter as to which it must be satisfied before a “deferred commencement” consent under section 80 (3) can operate, may appeal to the Court within 6 months after the consent authority notifies the applicant of its decision.
(4), (5)    (Repealed)
(6)  An appeal under this section relating to a development application for consent to carry out designated development in respect of which an objection has been made in accordance with the regulations must not be heard by the Court until after the expiration of the time within which an objector may appeal to the Court under section 98.
(7)  This section does not apply to a development application for designated development determined by the consent authority after a public hearing held by the Planning Assessment Commission, or to the determination of the application.
97AA   Appeal by applicant—modifications
An applicant who is dissatisfied with the determination of a consent authority with respect to the applicant’s application under section 96 or 96AA (including a determination on a review under section 96AB) may appeal to the Court within 6 months after:
(a)  the date on which the applicant received notice, given in accordance with the regulations, of the determination of that application or, if an application for review under section 96AB has been decided, the date on which the applicant received notice, in accordance with the regulations, of the decision, or
(b)  the date on which the applicant’s application is taken to have been determined in accordance with regulations made under section 82C (3), 96 (6) or 96AA (3).
97A   Notice of appeals to be given and right to be heard
(1)  The consent authority must give notice of an appeal under section 97, 97AA or 98:
(a)  to an objector, in the case of an appeal concerning a development application in respect of which the objector may appeal under section 98, or
(b)  to the relevant Minister or public authority, in the case of an appeal concerning a development application in relation to which the concurrence of a Minister or public authority is required under this Act, or
(c)  to the relevant approval body (within the meaning of Division 5), in the case of a development application to carry out integrated development that involves the approval body.
(2)  A council must give notice to a regional panel of any appeal under section 97, 97AA or 98 in respect of a determination made by the panel or that may be reviewed by the panel under this Act.
(3)  A council must give notice to the Planning Assessment Commission of any appeal under section 97, 97AA or 98 in respect of a determination made by the Commission or that may be reviewed by the Commission under this Act.
(4)  A person or body who is given notice of an appeal under this section is, on application made to the Court in accordance with rules of court within 28 days after the date of the notice, entitled to be heard at the hearing of the appeal as if the person or body were a party to the appeal.
97B   Costs payable if amended development application filed
(1)  This section applies to proceedings if the Court, on an appeal by an applicant under section 97 allows the applicant to file an amended development application (other than to make a minor amendment).
(2)  In any proceedings to which this section applies, the Court must make an order for the payment by the applicant of those costs of the consent authority that are thrown away as a result of amending the development application.
(3)  The regulations may provide for circumstances in which subsection (2) does not apply.
(4)  This section has effect despite the provisions of any other Act or law.
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.
98A   Appeal concerning security
(1)  An applicant who is dissatisfied with:
(a)  a decision of a consent authority with respect to the provision (otherwise than by the imposition of a condition of development consent) of security of a kind referred to in section 80A (6), or
(b)  the failure or refusal of the consent authority to release a security held by it, or
(c)  the failure or refusal of a council to release a security held by it that has been provided in accordance with a condition of a complying development certificate,
may appeal to the Court.
Note.
 The right to appeal against the imposition of a condition of development consent is excluded from subsection (1) (a) so as not to duplicate the right of appeal conferred by section 97.
(2)  An appeal with respect to a decision referred to in subsection (1) (a) may be made within 12 months after the applicant received notice of the decision.
(3)  An appeal with respect to a failure or refusal referred to in subsection (1) (b) or (c) may be made:
(a)  except as provided by paragraph (b), within 6 months after the work to which the security relates has been completed, or
(b)  if the security is provided in respect of contingencies that may arise on or after completion of the work to which the security relates, not earlier than 6 months and not later than 12 months after the completion of the work.
99   Joint hearing of certain appeals
(1)  If an appeal is made under section 97 with respect to a development application, the appeal is, as far as practicable, to be heard together with any appeals under section 98 made with respect to the application.
(2)  Without affecting subsection (1), if 2 or more appeals are made under section 98 with respect to the same development application, the appeals are, as far as practicable, to be heard together.
(3)  If 2 or more appeals are made under section 96A (5) with respect to the same notice referred to in section 96A, the appeals are, as far as practicable, to be heard together.