New South Wales Consolidated Acts

STRATA SCHEMES (LEASEHOLD DEVELOPMENT) ACT 1986 - SECT 69

69 Notices of and appeals against refusal of approval

(1973 Act, s 40)

(1) In this section "application" means an application to a local council or an accredited certifier for a strata certificate in respect of:

(a) a proposed strata plan,

(b) a proposed strata plan of subdivision,

(c) a notice of conversion, or

(d) a proposed amendment of a strata development contract.

(2) A local council or an accredited certifier to which an application is made shall cause notice of the decision on the application to be given to the applicant.

(2A) A notice of refusal by an accredited certifier to approve of an application must specify the grounds of refusal.

(3) A notice of refusal by a local council to approve of an application shall:

(a) specify the grounds of refusal, and

(b) indicate that the applicant has a right to appeal under subsection (4) against the refusal.

(4) Upon any refusal by a local council to approve of an application, upon approval by a local council of an application subject to a condition referred to in section 68 (1) or upon failure by a local council to notify its approval of an application to the applicant within a period of 14 days:

(a) except as provided in paragraph (b), after receiving the application, or

(b) in the case of an application for a strata certificate referred to in section 66 (3) where a notice was sent under section 66 (3), after the expiration of the time referred to in the notice,

the applicant may, within 12 months after the date on which the applicant received notice of the local council’s decision or after the expiration of that period of 14 days, as the case may be, appeal to the Land and Environment Court.

(5) An appeal may be made under subsection (4) to the Land and Environment Court even though the period for commencing the appeal has expired, but only if the Court allows the appeal to be so made because of special circumstances.

(6) The decision of the Land and Environment Court upon any appeal under subsection (4) shall be deemed to be the final decision of the local council and shall be given effect to accordingly.