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Skip Navigation LinksDepartment of Housing and Public Works > Construction > Building and plumbing > Appealing local government building application decisions > Appeal process

 Appeal process

 When an application for an appeal or declaration is received (refer to the Appeal and declaration application process fact sheet), the Registrar of the Development Tribunals (Tribunals) will determine if the application has been lodged correctly. The Registrar will provide written notice of the appeal or declaration to the appeal parties including a copy of the application and associated documentation. A Tribunal of between one and five members is then established to hear and decide the matter.

Hearings for appeals

The location of the hearing depends on the type of appeal, but most hearings are held on the site. Hearings are informal and can be heard in any way the Tribunal chairperson feels is appropriate.

Though hearings have no formal process, all parties will be given the opportunity to submit their case.

If you can’t attend a hearing, the Tribunal may allow you to provide a written submission, participate via teleconference, or nominate someone to act on your behalf.

You may seek independent legal advice about lodging an appeal but you may not have a lawyer at a hearing.

Site inspection

You are likely to need a site inspection for appeals relating to:

  • the siting of a proposed building
  • enforcement notices to repair or demolish
  • pool fencing
  • amenity and aesthetics appeals
  • building without a permit.

If your appeal is against an error in the calculation of an infrastructure charge, you’re unlikely to need a site inspection.

Documentation

You must include all relevant documents with your appeal application, such as site plans, Council and private certifier notices, photos and any relevant Council correspondence.



Last updated 03 July 2017    Creative Commons Attribution 4.0 International (CC BY 4.0)

We cannot provide legal advice

The Registrar, Development Tribunals, cannot provide legal advice.

You may wish to seek independent legal advice before appealing, but you cannot have a lawyer at a hearing.



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