The Development Application Assessment Process
What is the assessment process?
Once the Shire has received your complete Development Application, assessment will begin. The assessing Town Planner may require some further information or clarification from you to complete the assessment and will also generally undertake a site inspection. From here, Council will make a determination on the application within the prescribed period, which is usually 60 days (or 90 days in the case of an advertised application).
The decision on a Development Application will be to approve it, to approve it subject to conditions, or to refuse it. If a determination on the proposal is not made within the timeframe, it is deemed to have been refused.
If Development Approval is granted, it is usually subject to a range of conditions, which must be met before the issue of the Building Licence, prior to the occupation of the completed development or before commencement of use.
Objecting to the Issue of a Development Application Approval
If you feel you might be affected by a particular proposed development which has been advertised, you may submit your concerns in writing to Council. Such submissions should clearly state the reasons for your concerns. Submissions will need to be lodged within fourteen (14) days of the notice of application date. Council cannot make a decision on the application until the fourteen (14) day period has passed. Council as a matter of practice acknowledges all submissions.
The Planning Scheme and legislative framework does not provide for third party appeals. If you have made a written submission objecting to a Development Application, and Council determines to approve that application, you will not have appeal rights.
What if your Development Application is Refused?
If your application has been refused, or the decision contains conditions which you are not happy about, you may appeal to the State Administrative Tribunal.
Rights of appeal are also available to you under the Planning and Development Act 2005 against the decision of Council, including any conditions associated with this decision. Any such appeal must be lodged within 28 days of the date of the determination to the State Administrative Tribunal on 9219 3111 or 1300 306 017.
Last updated: 27 September 2016