New South Wales Consolidated Acts

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ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 82B

Review where development application not accepted

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.



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