March 1, 2002
Council factsheet "What Rights Do I Have to Object to Development"
Council has produced a briefing entitled "What Rights Do I Have to Object to Development?"
ISSUES — QUESTIONS AND ANSWERS NO. 6
What Rights Do I Have to Object to Development?
Will Council notify me of all developments that occur next door?
No. Council has adopted Development Control Plan No. 17— Public Exhibition and Notification of Development Applications, which sets out the types of development for which you will be notified. The principle of the plan is that only those developments that would not normally be expected on that land are notified or placed on public exhibition. For example you will not be notified of a proposed single storey house next door, which complies with the required setbacks, but you will be notified of a double storey house.
How long do I have to make a submission?
The period in which you have to lodge an objection varies from 14 days to 30 days, depending on the size of the development. The period is set out in Development Control Plan No. 17. You must lodge your objection before the time specified in the notice of public exhibition as Council cannot legally consider any late submissions. Additionally you will not have standing as an objector before the Land and Environment Court if your submission is late. Council cannot extend the period of public exhibition and the period must be in accordance with Development Control Plan No. l7so that the public exhibition process is fair to both the applicant and objectors.
Can I make a submission in regard to any development?
You can make a submission to any development application that has been placed on public exhibition, you do not have to be an adjoining owner. When making an objection to a development application you must state the grounds of your objection.
What are reasonable grounds of objection?
Your grounds of objection must be related to planning issues. That is you can object to the height of a proposed building or the additional noise that the development is likely to generate, but you cannot object to the past actions or expected future actions of the owner.
Also your grounds of objection must relate specifically to the proposed development. It is not valid to simply object to a proposed motel next door when the rezoning regulations clearly permit a motel to be built. The objection must relate to the design or location of the development, ie. removal of a tree or location of balconies overlooking your property.
What if Council approves the development that I have objected to, can I take it further?
You only have a right of appeal to the Land and Environment Court if the development to which you objected was designated development, ie. an Environmental Impact Statement had been prepared.
However if the applicant appeals Council’s decision you will be advised and be given the opportunity to give verbal evidence to the Court.
If I object will the elected Council consider my objection?
The elected Council considers only about 10% of development applications and generally only deals with large and controversial development applications. Council staff deal with the remainder of applications via delegated authority. These delegated officers take your objections into consideration when determining the applications.
Posted at March 1, 2002 12:00 AM
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