Decisions and appeals

In this guide

At the end of the assessment process, a decision is granted or refused by a relevant authority.

Once a decision has been made, you’ll receive a decision notification form (DNF).

Planning consent decision notification form

Specific notes or conditions may be included on the DNF to ensure that any minor outstanding items are addressed before full development approval is granted.

Notes or conditions may be included to impose on-going requirements that apply for the life of the development.

Lodging an appeal of a decision

If you disagree with a decision about a development you may be able to lodge an appeal against that decision. Your appeal will be dealt with through the Environment, Resources and Development (ERD) Court.

To lodge an appeal you need to:

You can find more information about lodging appeals on the Courts Administration Authority website.

The role of the Environment, Resources and Development 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 development application decision by a council or the State Commission Assessment Panel.

An appeal can relate to:

  • a refusal
  • an approval/consent
  • a condition of approval/consent.

The court also deals with breaches of planning laws, such as when development is undertaken without approval or if work is carried out that is not in 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, or to prosecute the person.

Who can appeal

The ability to lodge an appeal may vary depending on a development application’s category or classification.

Who can appeal for each development category
Assessment category Who can appeal
Accepted/Code Assessed – Performance Assessed
  • Applicant (can apply to an assessment panel where an assessment manager appointed by an Assessment Panel acting as  the relevant authority, or to the Court).
  • An owner/occupier of a development site or adjacent land to the development site who can demonstrate an interest in a matter that is relevant to the determination of a development application for a review regarding the nature of the development for accepted or code assessed development.
Impact Assessed - Code Restricted
  • Applicant (can apply to the State Planning Commission regarding a decision of the State Commission Assessment Panel to not proceed with assessment, or to the Court regarding the final decision on the application).
  • A person who has submitted a representation in relation to the application.
Impact Assessed by the Minister
  • No-one.