New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 96AB

96AB Review where modification application refused or conditions imposed

(1) Applications for review of modification decisions An applicant for the modification of a development consent for which a council is the consent authority may request the council to review a determination by the council under section 96 or 96AA of the application.

(2) Council must review determination A council must, on a request made in accordance with this section, conduct a review.

(3) Persons who may conduct council review The review must be carried out by:

(a) if the determination was made by the council-the council, or

(b) if the determination 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.

(4) Determination of review As a consequence of the review, the council may confirm or change the determination.

(5) No review if appeal period expired or appeal made A determination cannot be reviewed:

(a) after the time limited for the making of an appeal under section 97AA expires, if no such appeal is made against the determination, or

(b) after an appeal under section 97AA against the determination is disposed of by the Court, if such an appeal is made against the determination.

(6) Withdrawal of appeals If on a review the council modifies 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the applicant and without prejudice to costs, to have an appeal made under section 97AA in respect of its determination withdrawn at any time prior to the determination of that appeal.

(7) Determinations not subject to review This section does not apply to the following determinations:

(a) a determination of an application to modify a complying development certificate,

(b) a determination in respect of designated development,

(c) a determination in respect of integrated development,

(d) a determination made by the council under section 89A in respect of an application by the Crown,

(e) a determination that is taken to have been made because the council has failed to determine an application.

Note: Sections 82C and 82D apply to a review under this section.