Insider’s guide to council approvals part 4 - After DA
In Part 4 of this Insider’s Guide to Council Approvals, we will explore what you can do if your Development Application (DA) has been refused or approved with unreasonable conditions imposed, as well as what options are available to you if the council fails to make a determination within the required timeframe.
If your DA has been refused or approved with unreasonable conditions imposed, you have the option to request an internal Council review. However, this review process rarely leads to a different outcome from that already determined by Council. In such cases, you may need to consider taking further action.
It is worth noting that you do not necessarily need to resort to legal action to seek assistance. Engaging the services of a solicitor or planner can be highly beneficial, as they have experience dealing with similar situations, are skilled in negotiation, and can provide valuable advice and support in developing a strategic plan.
One option available to you is to go to the Land and Environment Court (LEC). You do not need to hire a solicitor just to go to the LEC, but they can provide valuable advice on feasibility, design, planning issues, and consultant selections, as well as follow up and negotiate with the council on your behalf.
You can put an application into court, but this does not necessarily mean you will have to go to a full hearing. Most court applications end with a conciliation conference and a settlement, and do not go to a hearing. If your application is reasonable and the council has taken a hard line on it, there is a good chance that the council's solicitor will advise them that they risk losing in the LEC, which may push them towards a settlement.
If your DA is not determined within 42 days of lodgement, you can consider your DA as a "deemed refusal" and take further action. This may be useful to know if you want to move things along quickly, as at 42 days, you have the right to put an application into LEC, which then sets a deadline for the council to address the matter.
In summary, if your DA has been refused or approved with unreasonable conditions imposed, you can request a review or go to the LEC. If the council fails to make a determination within 42 days, you can consider it a "deemed refusal" and take further action.
Don't hesitate to get in touch with us if you're facing challenges with your DA. We can provide assistance by connecting you with our recommended solicitors and planners if needed. Our team is available to offer support at any time, and you may also want to explore our consultation services.
If you would like to access the complete Insider’s Guide to Council Approvals blog series, you can start with Part 1 here.
