New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 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 section 116E in respect of an application by the Crown.

(2) A request for a review may be made at any time, subject to subsection (2A).

(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) The prescribed fee must be paid in connection with a request for a review.

(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) The decision whether or not to review the determination must not be made by the person who made the determination unless that person was the council, but is to be made by a person who is qualified under subsection (6) to make the review.

(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) The council must give notice of the result of the review to the applicant as soon as practicable after the review.

(8) If on the review the council grants development consent, or varies the conditions of a development consent, the council must endorse on the notice the date from which the consent, or the consent as varied, operates.

(9) If on a review the council changes a determination, the changed determination replaces the earlier determination as from the date of the review.

(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) A decision on a review may not be further reviewed under this section.