When a development application is lodged next door — or over the back fence — the notification letter from council is often the first a neighbour hears of it. What follows is a defined process, and understanding it early makes an objection far more effective.
Councils in NSW must publicly exhibit most development applications. During the exhibition period, anyone can lodge a submission — including an objection. Council must consider properly made submissions before determining the application.
Objections that succeed are grounded in planning considerations: non-compliance with development standards, overshadowing, privacy, traffic, heritage or amenity impacts that the planning controls actually protect. Objections based purely on loss of view or property value carry far less weight.
Council may approve the application (with or without conditions), refuse it, or the applicant may amend it. If the application is approved and you believe the decision is wrong, options are limited but do exist — and if it is refused, the applicant may appeal to the Land and Environment Court, where objectors can seek to be heard.
Council must consider properly made submissions, but is not bound by them. A well-founded planning objection is much harder to set aside than a general complaint.
Yes — submissions must be lodged within the exhibition period stated in the notification. Late submissions may not be considered.
If a proposed development affects your property, we can advise on whether an objection is worth making and how to put it on the strongest planning footing. Contact our team to discuss your matter.
This publication is intended as general information only and does not constitute legal advice. Please seek independent legal advice before acting on anything contained in it.
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