Decision notice refusal
Sustainable Planning Act 2009 s.335
[file reference]
[contact name]
[contact number]
[date]
[applicant’s name]
[applicant’s address]
RE: Development application for [details of proposed development]
[street number and address of proposed development]
[lot and plan details of proposed development]
Dear [sir/madam/name]
I wish to advise that on [date of decision], the above development application was refused.
- Referral agencies[strike out if not applicable to the application]
The referral agencies for this application are:
Name of referral agency / Address2. Direction to refuse[tick applicable box or strike out whichever is not applicable]
The assessment manager was not directed to refuse the application by a concurrence agency or
The assessment manager was directed to refuse the application by [insert name of concurrence agency/agencies]. The refusal is solely because of the direction of this concurrence agency/theseconcurrence agenciesor
The assessment manager was directed to refuse the application by [insert concurrence agency/agencies]. The refusal is supported by the assessment manageror
3. Conflict with a relevant instrument and reasons for the decision despite the conflict
[tick applicable box or strike out if not applicable to the application]
The assessment manager does/does not consider that the assessment manager’s decision conflicts with a relevant instrument[if the decision conflicts with a relevant instrument, complete the following table]
4. Reasons for the refusal
The reasons for refusal are
5. Submissions[strike out if not applicable to the application]
There were [insert number of properly made submissions] / were no properly made submissions about the application. [tick applicable box] The name and address of the principal submitter for each properly made submission are as follows— [for each properly made submission, list the name and address of the principal submitter. If there are a large number of submitters, this list may be included in an attachment to the decision notice]
Name of principal submitter / Address1.
2.
3.
4.
5.
6.
6. Appeal rights
Appeals by applicants
An applicant for a development application may appeal to the Planning and Environment Court against the following:
- the refusal, or refusal in part of the development application
- a deemed refusal of the development application.
The timeframes for starting an appeal in the Planning and Environment Court are set out in section 461(2) of the SPA.
Applicants may also have a right to appeal to the Building and Development Dispute Resolution Committee. For more details, see the SPA, chapter 7, part 2.Attachment 2 is an extract from the SPA which details the applicant’s appeal rights.
If you wish to discuss this matter further, please contact me on the above telephone number.
Yours sincerely
[delegate’ssignature and date]
[assessment manager’s name/private certifiers name]
cc: Referral agency/agencies and principal submitters/s [if applicable to the application]