New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 98

98 Appeal by an objector

(1) An objector who is dissatisfied with the determination of a consent authority to grant consent to a development application for designated development (including designated development that is integrated development) either unconditionally or subject to conditions may, within 28 days after the date on which notice of the determination was given in accordance with the regulations, and in accordance with rules of court, appeal to the Court.

(2) If an appeal has been made under subsection (1), the person who made the development application and the consent authority referred to in that subsection are to be given notice of that appeal, in accordance with rules of court, and are entitled to be heard at the hearing of the appeal as parties to the appeal.

(4) This section extends to a development application for State significant development that would be designated development but for section 77A (2), and to the determination of the application and, for that purpose, a reference in this Act to "objector" includes a person who has made a submission under section 89F (3) by way of objection to a development application for consent to carry out such State significant development.

(5) This section does not apply to a development application determined by the consent authority after a public hearing held by the Planning Assessment Commission, or to the determination of the application.