Applicants of development consents can sometimes be dissatisfied with council decisions, due to conditions or refusal. In these cases, the applicant can request that the council review its decision.
Following the review, the council can decide to change or uphold its original decision. This process is known as an internal review. Internal reviews are an important part of the planning system. However, internal reviews are not currently available for all categories of development.
Under the updated Act, applicants will be able to request an internal review of a decision about integrated development (development applications that require a permit or license from a NSW Government agency in addition to a development consent from the Department), provided the relevant agencies are involved in the review.
Applicants will also be able to seek a review on decisions about State significant development, however, reviews will be restricted to decisions determined by Departmental staff below the level of the Secretary under delegation. The review will not be available for decisions by the Minister, Secretary or Independent Planning Commission, as it is appropriate for the courts to review these decisions.
Changes to reviews about integrated development and to appeals on decisions about State significant development that are determined by Departmental staff under delegation will commence from 1 March 2018.
To read more about the changes to the Act see Part 9 - Enforcement measures.
Page last updated: 22/02/2019