Council hasn’t approved my DA- what next?

For seasoned developers wondering what do if, or when, an impasse is reached with the local council in the assessment of their development application (“DA”), this is unlikely to be a new experience or question. They are usually well aware of their options.

Often, due to time constraints, some developers take the view that appealing to the Land & Environment Court (“L&E Court”) is the answer as it will give them an outcome sooner rather than later.

A one-off applicant for a new home, or alternations and additions to a home, may find the whole DA process quite complex. It can be hard not to take what may seem like a significant setback personally. The prospect of appealing to court against a local council is not something most people jump into with open arms, but in some cases, and for some people, it is the best option.

Although it may seem surprising, there is no law requiring councils to make a decision on a DA within a timeframe or at all. Councils are able to invite the applicant to withdraw their DA or leave a DA without a decision one way or the other which can be frustrating for applicants.

A refusal, either directly or a “deemed” refusal (when a DA remains undecided within a specified time after lodgement), by a local council can have quite significant impacts on a home owner or developer.

If the DA has been refused or not progressed, or any concerns aren’t able to be resolved to a point where the development consent will issue, a home owner or developer may have to decide whether to appeal their DA to try to obtain approval from the L&E Court.