Public Notification

The application details (plans, submissions etc) can only be viewed at Council's Service Centres. Should you wish to obtain copies of these documents, proof of identity will be required in accordance with Regulation 34 of the Development Regulations (2008) and a fee is also payable in accordance with the aforementioned Regulation.

 

Current Category 2 and Category 3 Public Notifications

 

Category 1, 2 or 3 Developments

There are three categories of public notification. Category 1 and Category 2 forms of development are listed in the Development Regulations (2008) and may also be listed in individual zones within the Council's Development Plan. If an application is categorised as either a Category 2 or 3 form of development there exists an opportunity to lodge a representation which must be lodged on the appropriate form within the specified time. Representations received after the stipulated deadline are deemed invalid and are not considered by the Council.

Category 1

Category 1 covers 'development' which is exempt from public notification, and usually relates to uses that you would expect within a zone and which are not on a zone boundary where a conflict may arise. Examples might include:

  • Detached dwellings in residential zones
  • Development of a specific form which is encouraged within a specific zone (i.e., shops within a Centre Zone) 

Category 2

Category 2 covers 'development' which requires limited public notification to owners or occupiers of land adjacent to a proposal, but does not give a person who lodges a representation a right of appeal against the decision. Examples include:

  • Development on land which abuts a different zone boundary
  • Regulated trees (if Council is undertaking the development) 

Category 3

Category 3 developments are not listed as such - they include those kinds of development not listed as either Category 1 or 2 in Schedule 9 of the Development Regulations (2008). In this case, a public notice is placed in a newspaper and any person can make a representation on the application. Persons who make representations in relation to Category 3 must be heard if they request it as part of the submission. A representation to a Category 3 publicly notified proposal also has an appeal right against the decision.

Inability of Council Assessment Panel (CAP) Members to discuss Development Applications with Representors/Applicants/Members of the Public

Note Members of CAP (including those who are Elected Members) cannot discuss development applications on public notification as they may later come before CAP for determination.  To do so may result in a conflict of interest and inhibit the members' ability to act impartially and in an unbiased manner, as required by the Panel's Code of Conduct.  In such instances where a conflict of interest is declared, Panel members are required to excuse themselves from the CAP meeting when the application is discussed and determined.

Appeals

Appeals against decisions on development applications are heard by a specialist Environment, Resources and Development Court.