A development appeal can be made to the Land and Environment Court of New South Wales (the Court) when:
(a) a development application or an application to modify development consent has been made by the applicant to a consent authority;
(b) that consent authority has made a determination about the application or is taken to have refused an application; and
(c) the applicant is dissatisfied with the consent authority’s determination.
The Court has jurisdiction to hear and finalise proceedings under the Environment Planning and Assessment Act 1979 (NSW) (the Act).
Section 8.7 of the Act allows for an applicant who is dissatisfied with a development determination by a consenting authority to appeal to the Court against the determination.
Section 8.9 of the Act allows for an applicant who is dissatisfied with a development modification determination by a consenting authority to appeal to the Court against the determination.
It is important to note there are time limitations on lodging an appeal against a determination in the Court. So, it is very important that you act promptly should you wish to do so.
Please do not hesitate to contact Amanda Johnstone of Connor & Co Lawyers on (02) 9299 6696 if you wish to challenge a determination in the Land and Environment Court.