Town Planning Appeals
FORMSCAPE is able to provide advice on refusals and lodging appeals with the State Administrative Tribunal (SAT). An appeal is referred to as an 'application for review' by the Tribunal. A Town Planning application is dealt with by the development and resources stream of the Tribunal.
How Long do I have to Appeal?
You must lodge your application within 28 days of the date on which the original decision-maker gives notice of the decision.
Will I Win?
The Tribunal boasts a rate of successful mediation between the 75-80% range. Should the mediation process fail to deliver an outcome, a hearing will be scheduled within 3-4 months. The outcome of a tribunal will see only one winner. If an option is formally proposed by the applicant, but rejected during the mediation process, that option is generally used by the Tribunal in determining the appeal and will formalise the approval should your appeal be successful.
Do I Need a Lawyer?
There are two classes of planning matters at the Tribunal, Class 1 and 2. In a Class 1 appeal, an applicant can opt to be without the presence of lawyers in a proceeding forcing the respondent to also go without. In Class 2 appeals, parties can still be (and are commonly) represented by a town planner, however there is no opportunity to implore the other party from using the services of a lawyer.
A Town Planner's fees are often significantly less than that of a lawyer.
What is the Difference Between a Class 1 and Class 2 Appeal?
If your appeal involves a development with a value less than $250,000 (or $500,000 if it is a house or a subdivision of a lot to create no more than three lots) it is considered a Class 1. Class 1 applications are treated less formally than Class 2 and different fees apply.
If your application does not meet the above criteria it is a Class 2.
How Long Does a Decision Take?
Once the hearing has been concluded, most Members presiding over the hearing will reserve their judgement. The Member has three months to provide their judgement.