- Frequently Asked Questions -
Q. Why was I notified of this application?
So that you may inspect the plans and make
submissions regarding concerns you may have in relation to the proposal.
This process enables us to consider matters that are of particular
concern to you and enables an informed decision to be made on the
proposed development.
Q. How long do I have to make a submission
and what form should it take?
In order to meet legal requirements and out of
courtesy to applicants, we ask that submissions be provided within the
period indicated in this letter. Submissions must be in writing, and
should outline the specific concerns you have relating to the
development. If you are unable to make a written submission, please
contact the Project Officer to make a special arrangement.
Q. What kind of comments can I make?
Your comments should relate directly to the
proposed development and its possible environmental impacts on
surrounding properties or the locality. Your comments may relate to
issues such as: potential overshadowing; privacy; potential noise and
odour emissions; visual impact in relation to the streetscape; scale or
bulk of the proposed development; proposed hours of use; potential light
spillage or reflection; potential traffic generation; or vehicular
access and parking.
Q. Will the Applicant see my submission ?
Submissions cannot remain confidential. Issues
raised in submissions are often used in negotiations with the Applicant
subject to Freedom of Information requests, and included in Council
Business Papers.
Q. To what extent will Council consider my
representations?
Section 79C of the Environmental Planning
and Assessment Act (NSW) 1979 requires Council and its officers to
take into consideration any submission received as a result of the
notification process. Your comments will be considered during the
assessment of the proposal, in conjunction with legislative
requirements, the interests of the community at large and the reasonable
expectations and rights of the applicant. Your submission may provide
the means for a number of issues to be addressed before the proposal is
determined.
Q: What is the process for determining
applications?
Once the notification period has closed, the
Project Officer prepares a report, detailing all submissions and any
relevant responses from the Applicant. Where a legally valid planning
objection cannot be resolved by negotiation between the Council and the
applicant, the matter will normally be referred to a full Council
Meeting for a decision. Should this be the case, the Project Officer can
advise you of the date of the Council meeting at which the development
proposal will be considered.
Q; Will I be informed when, the Development
Application is determined?
Yes. Should you make a submission, we will
inform you of our final decision on the Application in writing.
Q. What rights of appeal exist if I object
and the proposal is still approved?
If the proposal is Designated Development
(certain development types of potentially major environmental
significance) under the Environmental Planning and Assessment Act 1979,
an objector may appeal to the Land and Environment within 28 days of the
determination of the Development Application. An objector may only
appeal if they made a written objection to the proposal during the
notification period for the Development Application. Where the
Application is not Designated Development and an objector is
dissatisfied with Council's final decision, an appeal to the Court is
only available on the grounds that Council has made a legally invalid
decision. If you are considering such action, you should obtain legal
advice.