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Planning Appeals

Applicant Appeals

The Planning Act allows for an applicant for a development permit to appeal the decision of the consent authority .

An applicant may appeal within 28 days of receiving a notice of the decision. An appeal may be made in relation to:

  • a refusal to grant a permit;
  • an extension to the period of a permit;
  • a specific condition of a development permit; or
  • a service authority’s refusal to refund or remit a developer contribution.

A right of appeal also exists if the consent authority has not determined a development application within 12 weeks of its lodgement. The appeal provisions are contained in the Planning Act.

Third Party Appeals

Third party appeals only exist in certain circumstances and generally only apply to land within a residential zone. There is no right of appeal if the determination relates to the subdivision or consolidation of land. Third party appeal rights do not apply to approvals for a detached dwelling or attached dwellings that do not exceed two storeys above ground level.

Third party appeal rights do not apply to land within any zone other than a residential zone unless the land is adjacent to land in a residential zone or is directly opposite land in a residential zone and is on the other side of a road that has a reserve width of 18 metres or less.

Non-residential uses such as bed and breakfast accommodation, home occupation, childcare centre, medical consulting rooms and caretaker’s residence within a residential zone are excluded from third party appeal rights if the use complies with the provisions of the Planning Scheme and the consent authority has not varied or waived any requirements of the provisions.

If you make a submission within the public exhibition period and the consent authority approves the development application, you will be given notice that you may make an appeal to the Lands, Planning and Mining Tribunal within 14 days. Third party appeals cannot be made for reasons of commercial competition.

Fact Sheets and Forms

The address for lodgement of a Notice of Appeal is:

The Registrar
Lands, Planning and Mining Tribunal
GPO Box 2014
DARWIN NT 0801