Posted on February 25, 2011 by
New Planning Appeal Provisions To Commence
On 28 February 2011, a number of significant changes will be made to planning appeal and review processes.
The changes include the following:
- Greater range of internal reviews available – an applicant’s right of internal review will be expanded to allow reviews of both modification applications and DAs that are rejected but not determined.
- Costs of amending DA – If an applicant makes an amendment to a DA during appeal proceedings, and that amendment is not minor, the applicant will only be required to pay the costs “thrown away” as a result of amending the development application. The current position is that the applicant is required to pay the costs “incurred in respect of the assessment of, and proceedings relating to, the original development application”.
- Deadlines for lodgement of an appeal – The time for appeal for a development application will be shortened from 12 months to 6 months. The time for appeal for a modification application will be extended from 60 days to 6 months.
- Notice of appeal and right to be heard – A notice of an appeal must now be provided to joint regional planning panels and the planning assessment commission if they have made the determination or are able to review the determination. On application to the Court, these bodies are also entitled to be heard as if they were a party to the proceedings.
The amendments to Part 4 of the EPA Act do not apply to a development application lodged with a consent authority before 28 February 2011.