What Can I Do Now the Council Has Not Approved My Development Application?

When a Council refuses, or "fails" to approve a development application, it can potentially have a considerable impact whether you are an individual or a professional developer. Either way, you will usually have the right to reconsideration.

One way is to ask the Council to do an internal review of its decision. If the Council still rejects the application you have the option of lodging a Class 1 Appeal (which covers environmental planning and protection appeals) in the NSW Land and Environment Court.

Alternatively, should you not wish the Council to do an internal review you can normally lodge an appeal directly to the Court.

It is of note that the right of appeal was, however, recently reconsidered in Johnson Property Group Pty Ltd v Lake Macquarie City Council (2020). This case has changed the legal position in certain circumstances. There remains the right to an internal review for a rejected application, but the right of appeal to the Court will not apply where there is non-compliance with the technical requirements of the applicable Regulations. It also clarified that the Court would not supply owner consent when a Council has rejected an application for lack of such consent and the Council is itself the landowner from whom the consent is required.

Contact our Land and Environment Court Lawyers, Sydney, NSW

If you have had a development application refused Szabo & Associates Solicitors can advise you on the best course of action. Strict time limits apply to reviews and Land and Environment Court appeals. It is recommended that legal advice should be sought at the time the development application is refused to protect your rights. Please call us on 02 9281 5088 or complete our online contact form.