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Reviews and appeals after a planning decision
| NSW | Council review or Land and Environment Court, generally within 6 months[1][2] |
|---|---|
| Victoria | VCAT within 60 days of refusal or conditions[3] |
| Queensland | 20 business days; can be suspended to negotiate[4] |
| Western Australia | State Administrative Tribunal within 28 days[5] |
| South Australia | ERD Court within 2 months[6] |
| Tasmania | TASCAT within 14 days[7] |
| ACT | Reconsideration within 20 working days; ACAT generally within 28 days[8] |
| Northern Territory | Not covered by the sources compiled here |
| *Deadlines run from the notice of decision in most systems. Some can be extended; many cannot. Confirm the date on the decision notice. | |
If a council refuses a home, approves it with conditions that do not work, or does not decide in time, the applicant usually has two routes: ask the decision-maker to look again, or go to a court or tribunal. The deadlines are short and differ sharply — from 14 days in Tasmania[7] to around six months in NSW.[2]
The three situations §
- Refusal — the application is refused outright.
- Conditions — the application is approved, but a condition makes the project unworkable or much more expensive. For a factory-built home this is often a condition about siting, height, external materials, crane access or footings that the module design cannot meet without re-engineering.
- No decision — the statutory period has passed. In some systems this counts as a refusal and opens an appeal right; see approval timeframes by state.
Before appealing, consider whether a modified application would be faster. A change to the module layout or siting that answers the reason for refusal can sometimes be lodged and decided in less time than an appeal takes.
New South Wales §
Review by council. An applicant can ask the council to review its decision on a development application. The review must be lodged within 6 months of the determination, and the appeal clock is paused while it is considered. Reviews are not available for complying development.[1]
Land and Environment Court. An applicant can appeal a determination — including a refusal, a condition, or a decision on review — generally within 6 months of the notice of determination or the date the application is taken to have been refused.[2] Appeals about a detached single dwelling or dual occupancy go first to conciliation and then, if no agreement is reached, to a hearing before a commissioner; the Court aims to finish these within three months.[9]
Objectors have a merits appeal only for designated development, which does not normally include a house.[2]
Victoria §
An applicant can apply to VCAT within 60 days of a notice of refusal, or within 60 days of a decision to grant a permit with conditions it wants reviewed. An applicant can also go to VCAT if the council fails to decide within the prescribed time. An objector has 28 days from the notice of decision to seek review of a decision to grant.[3]
Queensland §
After a decision the applicant has a 20 business day appeal period. It can be suspended so the applicant can make written representations to change the decision; if the council agrees, a negotiated decision notice replaces the original.[4] Appeals about planning decisions go to the Planning and Environment Court.[4] Development Tribunals hear appeals about decisions of councils and private certifiers under the Building Act 1975 and plumbing law; the lodgement deadline is generally 20 business days, and the fee for a Class 1 building is $462, or $769 if a site inspection is needed.[10]
Western Australia §
An applicant can ask the State Administrative Tribunal to review a decision, or a deemed refusal, within 28 days.[5]
South Australia §
Where an assessment manager made the decision, the applicant can ask the assessment panel to review it, or appeal directly to the Environment, Resources and Development Court.[11] An appeal against a refusal or conditions must be lodged within 2 months of the notice of decision, which the Court can extend only in special circumstances. Representors can appeal only decisions on restricted development.[6]
Tasmania §
An applicant can appeal a refusal, or a condition on a permitted application, within 14 days.[7] Appeals are lodged with the planning stream of the Tasmanian Civil and Administrative Tribunal.[12] A person who lodged a representation on a discretionary application also has 14 days.[7]
Australian Capital Territory §
The applicant can ask the planning authority to reconsider its decision within 20 working days of being told of it, and the authority then has 20 working days to decide. The applicant can generally apply to ACAT within 28 days of the decision. Third-party review is limited: it is not available for code track decisions, and merit track decisions about single dwellings are exempt.[8]
Northern Territory §
Review and appeal rights for Northern Territory development permits are not covered by the sources compiled here.
Practical points §
- Diary the deadline on the day the decision notice arrives. Tasmania's 14 days[7] can pass before a manufacturer has even reviewed the conditions.
- Ask the manufacturer to check every condition against the module design before deciding whether to appeal or modify.
- In Queensland, consider suspending the appeal period to negotiate before committing to court.[4]
- Appeals involve court or tribunal fees and often professional costs. Get legal or planning advice on the merits before lodging.
What is not covered here §
Northern Territory review and appeal rights, court and tribunal fees outside Queensland's Development Tribunals, costs orders, judicial review, and appeals against building (rather than planning) decisions outside Queensland are not covered by the sources compiled here. This guide does not assess the merits of any particular appeal.
Related guides §
- The approval process for a modular home, step by step
- Approval timeframes by state
- Neighbour notification and objections by state
- Changing or extending an approval
- Builder disputes and tribunals by state
Sent to info@modularlivingaustralia.com.au and handled by a person. See Privacy.
References §
- City of Sydney — Ask for a review of a development application decision — the applicant may ask council to review a decision on a development application or modification application; the review application must be lodged within 6 months of the determination and any right to appeal to the Land and Environment Court is paused while the review is considered; reviews do not apply to complying development, designated development, integrated development or certain Crown land determinations. cityofsydney.nsw.gov.au/development-applications/ask-city-review-da-decision
- Land and Environment Court of NSW — Development application appeals — an applicant dissatisfied with a determination (including a determination on review) may appeal under section 8.7, generally within 6 months after notice of the determination or the date it is taken to have been determined; deemed refusal after 40 days for ordinary development; objector appeals under section 8.8 are limited to designated development and must be lodged within 28 days. lec.nsw.gov.au/types-of-cases/class-1---environmental-planning-and-protection-appeals/development-application-appeals.html
- Victorian Department of Transport and Planning — Guide to Victoria's planning system, chapter 5 — Reviews — an applicant may apply to VCAT within 60 days after notice of refusal (section 77) or after notice of a decision to grant with conditions (section 80); an applicant may also apply for review of a failure to decide within the prescribed time (section 79); an objector may apply within 28 days of the notice of decision to grant (section 82). planning.vic.gov.au/guides-and-resources/guides/guide-to-victorias-planning-system/chapter-5-reviews
- Redland City Council (Queensland) — Appealing or negotiating a decision — after a decision the applicant has a 20 business day appeal period, which can be suspended to make written change representations (within 20 business days of suspending); if accepted, a negotiated decision notice replaces the original; the applicant may appeal to the Planning and Environment Court against refusal, a condition, a deemed refusal and other matters; development tribunals deal with certain building, plumbing and planning decisions. redland.qld.gov.au/Planning-building-and-development/Development-tools-and-advice/Development-application-process/After-you-lodge-your-application/Appealing-or-negotiating-a-decision
- Shire of Dardanup (Western Australia) — WA planning system flowchart — an application not decided within 60 days (90 if advertised) can be deemed refused; the applicant has a right to request State Administrative Tribunal review within 28 days of the decision or deemed refusal. dardanup.wa.gov.au/Profiles/dardanup/Assets/ClientData/Documents/Services/WA-Planning-System.pdf
- Law Handbook SA (Legal Services Commission of South Australia) — An applicant may appeal a refusal or conditions to the Environment, Resources and Development Court under section 201 of the Planning, Development and Infrastructure Act 2016 within 2 months of receiving notice of the decision, extendable in special circumstances; representor appeals are limited to restricted (impact assessed) development and must be lodged within 15 business days of the decision. lawhandbook.sa.gov.au/ch28s02s07s01.php
- State Planning Office, Tasmania — What can be appealed — an applicant may appeal within 14 days against a refusal, against conditions on a permitted application and against a request for further information; a representor may appeal within 14 days. stateplanning.tas.gov.au/planning-system/appeals-and-enforcement/what-can-be-appealed
- ACT Environmental Law Handbook (AustLII Communities) — Review of development approvals — the applicant may apply to the planning authority for reconsideration within 20 working days of being told of the decision, and the authority must decide within 20 working days; the applicant may generally apply to ACAT within 28 days of the decision; third parties may seek ACAT review of merit and impact track approvals within 20 working days, with no third-party review of code track decisions and an exemption for merit track single dwelling decisions. austlii.community/foswiki/ACTEnvLawHbk/ReviewOfDevelopmentApprovals
- Land and Environment Court of NSW — Residential development — appeals concerning a detached single dwelling or dual occupancy, or alterations and additions to them, follow a process of conciliation first and, if agreement is not reached, a hearing before a commissioner; the aim is for the process to conclude within three months. lec.nsw.gov.au/your-legal-problem-is-about---/residential-development.html
- Queensland Government — Make an appeal or declaration with the Development Tribunals — tribunals hear appeals against decisions of a local government or private certifier under the Building Act 1975 and Plumbing and Drainage Act 2018, and certain development application matters; appeals against a notice must be lodged within 20 business days; for a deemed refusal an appeal may be made any time after the decision was due; the fee for a Class 1 or Class 10 building is $462 without a site inspection or $769 with one. qld.gov.au/justice/court-and-mediation/appeals-actions/appeal-declaration-development-tribunals
- PlanSA (South Australian Government) — Decision — where an assessment manager made the decision, the applicant can apply to the relevant assessment panel for a review, or appeal directly to the ERD Court; an appeal requires a notice of appeal form, the decision and a court fee. plan.sa.gov.au/development_applications/getting_approval/how_applications_are_assessed/decision
- Meander Valley Council (Tasmania) — Appeals are lodged with the planning stream of the Tasmanian Civil and Administrative Tribunal within 14 days of council's decision. meander.tas.gov.au/assets/docs/Planning-Classifications-The-Planning-Process.pdf
Figures are as published by the sources above at their respective dates and are paraphrased summaries, not verbatim reproductions. Verify current pricing and rules directly with builders, lenders and planning authorities.