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How do I object to a Development Application?

Who can make an objection to a DA and what is in an objection?

When a development application (DA) is lodged on the NSW Planning Panel, nearby property owners and any concurrent authorities are notified, so that they are aware of the DA and have opportunities to make submissions. Council’s own policy, council’s development control plan, and the local environmental plan provide guidance as to who is notified of such a DA. The property owners within the vicinity of the proposed DA, and/or anyone who has a submission to make, may provide one of the following responses: [...]  READ MORE →

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McMillan v Taylor

The recent decision of the NSW Court of Appeal in c [2023] NSWCA 183 (McMillan) has built upon the role of the Commissioner in conciliation conferences of the Land and Environment Court (LEC), a judicial mechanism commonly used in development appeal proceedings.

The Court deliberated on the construction of section 34(3) of the Land and Environment Court Act 1979 (NSW) (LEC Act), which imposes a duty on the presiding Commissioner to dispose of the proceedings if an agreement is reached between the parties, so long as the decision is one “that the Court could have made in the proper exercise of its functions”. [...]  READ MORE →