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Approvals & Compliance

Before moving into a new building or registering a subdivision with Land and Property Information NSW, the Applicant must obtain from the PCA:

• an occupation certificate if he/she is going to occupy or use a new building or change the use of an existing building and/or
• a subdivision certificate to have the plan of subdivision registered.

Compliance Check

Council will monitor the finished development to make sure that local planning policies, and decisions made under those plans, are achieving their desired outcomes. If the development does not comply with the development consent, the Applicant can be:

• fined (called a penalty notice)
• ordered to make changes to the development
• taken to the Land and Environment Court. The court may order the Applicant to carry out necessary works (such as altering the development or making repairs), or may forbid the Applicant to use the premises in certain ways.

Right of Review

An applicant can request Council to review its determination of a development application within 28 days after the date of determination. Any request for a review is required to be accompanied by a set fee.

Appealing Rights

An applicant who is dissatisfied with a decision can:

• if the decision was made by a council, ask the council to review its decision
• appeal against the decision in the Land and Environment Court within 12 months of receiving notification of the decision.

The applicant cannot appeal to the Court against the determination, however, if their proposal is state significant development and a Commission of Inquiry was held. If no decision has been made within 40 days (or 60 days for some type of development such as designated development), an applicant can take action in the Land and Environment Court to get a decision.

If you wrote to the consent authority objecting to a proposal that is designated development and the proposal is approved, you can appeal to the Land and Environment Court. You must lodge your appeal within 28 days of receiving notice of the determination.

If the applicant appeals against the consent authority's decision to give or refuse consent to a designated development proposal, as an objector you can also attend the hearing of the appeal at the court and make submissions. If a development application is the subject of a Commission of Inquiry, these appeal rights do not apply. A Commission of Inquiry however does not affect your rights under section 123 of the EP&A Act.

As a member of the public you have certain rights under the EP&A Act in regard to how a development application is assessed and determined. (For details see the EP&A Act)

Contact details
Parkes Shire Council
02 6861 2333 (ph)
02 6862 3946 (fax)
council@parkes.nsw.gov.au

© 2008 Parkes Shire Council
This page: http://www.parkes.nsw.gov.au/planning/1189/5379.html