Determination

Who determines an application

Council officers have delegation from the General Manager and the elected council (councillors) to determine certain applications on behalf of Council.

The elected council determines applications that are of a controversial nature, have attracted a large number of objections, or where the assessing officer's delegation is withdrawn.

Regionally significant development applications (DAs) and certain other DAs are determined by a Regional Planning Panel. The Panel is an independent body and their determination is not subject to the direction of the Minister for Planning.

What happens when my application is determined

Council will write to the applicant and provide a notice of determination.

If your application is approved, you will receive a copy of the conditions of consent, approved plans, and any other relevant documents. If your application is refused, you will receive the notice of determination with the reasons for refusal.

Where notification is required, Council will notify all persons who made a submission in relation to the application, of the determination (outcome) of that application.

The DA is valid for a period of five years, in which time works must commence or the consent lapses. Once the development has commenced, the consent cannot lapse.

Can a determination be reviewed

If the applicant is dissatisfied with the determination, they may request Council to review a determination, except in the following circumstances:

A review of determination request under Sections 82A 8.2, 8.3, 8.4 & 8.5 of the Act can be made in writing to Council and a fee will apply.

The application for review will be determined reconsideration will be dealt with by a higher level of delegation than the original determination, or the elected council.

If you are still dissatisfied with Council's determination of a development application or Council has not determined the development application within the statutory period of 40 days, you can lodge an appeal to the Land and Environment Court.

Page last updated: 04 June 2018