THE PLANNING APPEAL PROCESS
Refusal by a Council of a development application (planning application) or any conditions placed on an approval can be challenged in the Environment, Resources and Development (ERD) Court in South Australia.
How to Lodge a Planning Appeal
Lodging an appeal involves completing a form with relevant attached information, paying a fee and notifying the relevant authorities within a specified time limit.
Planning Appeal Hearing
Depending on the nature of the appeal the court will generally notify the parties in relation to a date for a Conference or a Directions Hearing at which time it is possible that an agreement can be reached for resolving the matter. If this is not possible a court hearing date will be defined.
It is possible for the person appealing to represent themselves in court. Alternatively representation can be provided by another person such as a lawyer or a town planner.
Documentation for a Planning Appeal
It is important to realize that the documentation forming the basis of the proposal under appeal and the approach to the appeal should be well prepared. The court procedures do not have the formality of many jurisdictions but relevant Council Development Plan provisions will be canvassed in detail and the ability to provide an appropriate response is essential.
Other factors which should be considered relate to the cost of mounting an appeal and the time required before a decision is available.
FOR FURTHER INFORMATION ON PLANNING APPEAL PROCESS IN ADELAIDE OR REGIONAL SOUTH AUSTRALIA PLEASE CONTACT PLANBUILD ADELAIDE