Appealing a development application decision
How to lodge an appeal
To lodge an appeal you need to:
- fill in a notice of appeal form
- attach a copy of the decision you are appealing against
- send the documentation to the Environment, Resources and Development (ERD) Court
- pay the court fee.
You can find more information about lodging appeals on the Courts Administration Authority website.
The role of the ERD Court
The ERD Court deals with a range of planning, heritage, building and environmental matters.
One of its roles is to decide on appeals lodged by applicants dissatisfied with a decision on a development application given by a council or the State Commission Assessment Panel. An appeal can relate to a refusal, an approval/consent or a condition of approval/consent.
The court also deals with breaches of the Development Act 1993, such as when development is undertaken without development approval or if work is carried out which is not in accordance with the conditions of approval.
When a breach of law occurs, the council or the State Commission Assessment Panel may request the court to order a person to stop work and remedy the situation and/or to prosecute the person.
While most actions of this nature are initiated by a council, a person or community may also lodge a complaint to the court through a civil enforcement action.