There are two options for review of a decision made by the ACT Planning and Land Authority: reconsideration and appeal.

Reconsideration

Only the applicant or the lessee involved with the original development application can apply for reconsideration.

If you are an applicant or lessee and you are not satisfied with the initial decision on your development application, you have the option of applying to us for a reconsideration of all, or part, of that decision.

You have 28 calendar days from the date of the decision to apply for reconsideration. If you wish to have a decision reconsidered, you must complete the reconsideration application form and pay a fee. Reconsideration takes about 28 calendar days to process. Development applications can only be reconsidered once. Reconsideration of a decision can confirm, reverse or amend the original decision.

You can submit extra documentation and amended drawings to support your application for reconsideration as long as the amendments, in the Authority’s opinion, do not require public notification. If the amendments require public notification, then the revised proposal is considered new work and a new development application will be required. If you apply for reconsideration, you cannot start construction before the decision is made.

If, following reconsideration, you are still not satisfied with the decision of the Authority, you have the option of lodging an appeal with the ACT Administrative Appeals Tribunal.

Appeals

If you are not satisfied with, or your interests are adversely affected by, a decision made by us, you may have the right to have the decision reviewed by lodging an appeal with the ACT Administrative Appeals Tribunal.

The Tribunal is an independent body that can review on merit a number of decisions made by ACT Government ministers, officials and statutory authorities. The Tribunal can agree with, change or reject the original decision, substitute its own decision, or send the matter back to the decision-maker for reconsideration in accordance with its recommendations.

Not all decisions can be reviewed by the Tribunal. In some cases, appeal rights are limited or may be excluded by regulations, such as the right of an objector to appeal the approval of the construction or alteration of a single residential dwelling or structures associated with a single dwelling.

Following are some examples of the types of decision that may be appealed:

• you apply to keep all, or part, of your development application out of the public arena and the request is refused;
• you are an applicant and your application is refused, or approved with conditions;
• approval is given to an application that you objected to within the prescribed period;
• you did not object to an application in the prescribed period and are notified, or become aware of a decision, you may still apply for a review of the decision (you will have to demonstrate to the Tribunal that you were unable to object at the appropriate time);
• your plumbing/electrical/building licence has been suspended; and
• you have been issued with an order to clean up a leasehold or to comply with the terms of approval to undertake a development.

Please note that we cannot give legal advice. Although help will be given with procedural enquiries, this should not be taken to be, or acted upon as if it were, legal advice.