This information is applicable to development applications lodged after 31 March 2008. Access here information relevant to development applications lodged before 31 March 2008 in relation to Notification and referral, Outcomes and decisions and Reconsideration and appeals.

Reconsideration and appeal rights may apply to a development application decision. Schedule 1 of the Planning and Development Act 2007 outlines the decisions that may be made under that Act that the AAT can review. Schedule 1 also notes the people who can apply for review in the new system. The AAT Act provides opportunities for people to appeal or to be joined in proceedings.

Code track reconsiderations and AAT reviews

Where a code track development application has been approved subject to conditions, applicants can apply for reconsideration within 20 working days of being told about the decision setting out the grounds for reconsideration and can apply for Administrative Appeals Tribunal review. The delegate of the Authority reconsidering the decision will be different from, and senior to, the original decision-maker. Reconsideration may lead to the substitution of a new decision or confirmation of the original decision.

Merit and impact track reconsiderations

Where a merit or impact track development application or amendment has been approved subject to conditions or has been refused, applicants can apply for reconsideration. The reconsideration application must be lodged within 20 working days after being told about the decisions setting out the grounds for reconsideration. The delegate of the Authority reconsidering the decision will be different from, and senior to, the original decision-maker. Reconsideration may lead to the substitution of a new decision or confirmation of the original decision. An application for reconsideration does not prevent an application for a review of the same decision being made by the Administrative Appeals Tribunal.

Merit track AAT reviews by applicants

Where a merit track development application has been approved subject to conditions or refused, applicants can only apply for AAT review in relation to the part of the decision where:

• the proposal is subject to a rule and does not comply with the rule; or
• no rule applies applies to the proposal.

Impact track AAT reviews by applicants

Where an impact track development application has been approved subject to conditions or refused, applicants can apply for AAT review.

Merit and impact track AAT reviews by third parties

AAT reviews by third parties:

• are not available for applications that went through minor public notification; and
• are available for those merit or impact track development applications that went through the major notification process, unless exempt by regulation.

Third party appellants must:

• lodge appeals no later than four weeks after the day the reviewable decision was made;
• establish that the development application decision is considered reviewable;
• establish that they made a representation on the development application during the public notification period or have a reasonable reason for not doing so; and
• establish that they could suffer material detriment if the development approval were to be granted.

Material detriment means the development would have an adverse impact on the person's use or enjoyment of their land and not because of increased competition with business interests.

Apply for reconsideration or to the AAT

• Complete the reconsideration form
• Appeal to the Administrative Appeals Tribunal - refer to your Notice of decision for details