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.

Seeking a review or lodging an appeal of a decision

If you disagree with a decision about a development you may be able to seek a review or lodge an appeal against that decision. Your avenues for review or appeal will depend on the category of development and who assessed the application.

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.

Lodging a review of a decision to an Assessment Panel

If your development application was assessed by an assessment manager acting as a relevant authority, you may apply to the relevant assessment panel for a review of the decision (or lodge an appeal directly with the Environment, Resources and Development (ERD) Court).

To lodge a review to the Assessment Panel you need to:

If you are unhappy with the outcome of the assessment panel’s review, you may still lodge an appeal with the ERD Court.

The Environment, Resources and Development Court

If you are unhappy with a decision of a relevant authority, you may appeal the decision to the ERD Court. The ERD Court deals with a range of planning, heritage, building and environmental matters and 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 (SCAP).

An appeal can relate to:

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

To lodge an appeal with the ERD Court, you need to:

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 SCAP may request the court to order a person to stop work and remedy the situation, or to prosecute the person.

Restricted Development – seeking a review of the SCAP’s decision to not proceed

As the State Planning Commission’s (Commission) delegate, the SCAP may refuse an application classified as restricted development without proceeding to make an assessment of the application. An applicant may seek to have this decision reviewed by the Commission itself.

The Commission may either affirm the decision of the SCAP or refer the matter back to the SCAP with a direction that the application be assessed.

To lodge a review to the Commission you need to:

There is no right of appeal to the ERD Court against the delegate’s or the Commission’s decision to not proceed.

If, however, the application for development authorisation progresses to assessment, a right of appeal to the ERD Court against the final decision of the SCAP does exist.