Contents


 

- 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.