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Skip Navigation LinksDepartment of Housing and Public Works > Construction > Building and plumbing > Appealing local government building application decisions > What you can appeal > Development application and approval appeals

Development application and approval appeals

You can appeal to the Development Tribunals (Tribunals) under the Planning Act 2016  about a development application or a material change of use application—but only for certain buildings (defined under the National Construction Code):

  • classified buildings
    • Generally, this means a house. However, under the code, a classified building is a Class 1 or Class 10 building.
      • A Class 1 building includes a single detached house; groups of 2 or more attached houses separated by fire-resistant walls; or boarding houses, guest houses or hostels with floor areas of less than 300 square metres where no more than 12 people would ordinarily live.
      • A Class 10 building is a non-habitable building such as a shed, garage, carport, fence, retaining wall, or swimming pool.
    • limited Class 2 buildings
      • A limited Class 2 building is one that contains 2 or more sole-occupancy units, with each being a separate dwelling. These buildings cannot exceed 3 storeys and 60 sole-occupancy units.

Timeframes

If you want to appeal a decision made by your local council or private building certifier, in most cases you must lodge your appeal within 20 business days.

Find out more about timeframes and how to appeal.

Examples of what you can appeal

The list below is not exhaustive. If you are unsure whether you have the right to appeal, please ring the Registrar on 1800 804 833 or see Schedule 1 of the Planning Act 2016 which outlines what can be appealed to the Development Tribunals and the Planning and
Environment Court. 

Appeals about development applications

You can appeal against a:

  • development application including:
    • the refusal, or deemed refusal (if you do not receive a decision on an application within the required timeframes under legislation) of all or part of the application; or
    • a provision of the development approval; or 
    • if a development permit was applied for – the decision to give a preliminary approval; or
    • operational work associated with building work, a retaining wall, or a tennis court
  • deemed refusal if an assessment manager fails to decide an application within the required time frames under the Planning Act 2016.
  • decision for, or a deemed refusal of, an extension application or a change application for a development approval that is only for a material change of use of a classified building.

Appeals about material change of use applications

You can appeal a material change of use application for classified building for all of the following:

  • the refusal, or deemed refusal (when the local council or private certifier don’t make a decision within the prescribed timeframe), of all or part of the application; or
  • a provision of the development approval; or
  • if a development permit was applied for – the decision to give a preliminary approval; or
  • operational work associated with building work, a retaining wall, or a tennis court.

However, you can only appeal a condition in a material change of use approval for a class 2 building if the building does not exceed certain size requirements.

What you cannot appeal

An appeal cannot be made to the Tribunals if any part of a development application required impact assessment and any properly made submissions were received by the assessment manager for the application.



Last updated 24 August 2018    Creative Commons Attribution 4.0 International (CC BY 4.0)

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