New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 96A

96A Revocation or modification of development consent

(1) If at any time it appears to:

(a) the Director-General, having regard to the provisions of any proposed State environmental planning policy, or

(b) a council (being the consent authority in relation to the development application referred to in this subsection), having regard to the provisions of any proposed local environmental plan,

that any development for which consent under this Division is in force in relation to a development application should not be carried out or completed, or should not be carried out or completed except with modifications, the Director-General or council may, by instrument in writing, revoke or modify that consent.

(2) This section applies to complying development for which a complying development certificate has been issued in the same way as it applies to development for which development consent has been granted and so applies to enable a council to revoke or modify a complying development certificate whether the certificate was issued by the council or by an accredited certifier.

(3) Before revoking or modifying the consent, the Director-General or council must:

(a) by notice in writing inform, in accordance with the regulations:

(i) each person who in the Director-General’s or council’s opinion will be adversely affected by the revocation or modification of the consent, and

(ii) such persons as may be prescribed by the regulations,

of the intention to revoke or modify the consent, and

(b) afford each such person the opportunity of appearing before the Director-General or council, or a person appointed by the Director-General or council, to show cause why the revocation or modification should not be effected.

(4) The revocation or modification of a development consent takes effect, subject to this section, from the date on which the instrument referred to in subsection (1) is served on the owner of the land to which the consent applies.

(5) Within 3 months after the date on which the revocation or modification of the consent takes effect, the applicant for the consent, or any other person entitled to rely on the consent, who is aggrieved by the revocation or modification may appeal to the Court, and the Court may determine the appeal.

(6) The Court may determine the appeal by affirming, varying or cancelling the instrument of revocation or modification.

(7) If a development consent is revoked or modified under this section, a person aggrieved by the revocation or modification is entitled to recover from:

(a) the Government of New South Wales-if the Director-General is responsible for the issue of the instrument of revocation or modification, or

(b) the council-if the council is responsible for the issue of that instrument,

compensation for expenditure incurred pursuant to the consent during the period between the date on which the consent becomes effective and the date of service of the notice under subsection (3) which expenditure is rendered abortive by the revocation or modification of that consent.

(8) The Director-General or council must, on or as soon as practicable after the date on which the instrument referred to in subsection (1) is served on the owner of the land referred to in subsection (4), cause a copy of the instrument to be sent to each person who is, in the Director-General’s or council’s opinion, likely to be disadvantaged by the revocation or modification of the consent.

(9) This section does not apply to or in respect of a consent granted by the Court or by the Minister.