Declarations
A declaration is a legal determination on a point of law. It doesn’t usually need a site inspection like most appeals.
You can ask the Development Tribunals to make a decision about an outstanding issue.
Declarations you can request
You can request a declaration about:
- whether a development application is properly made
- where a change application has been made for a development approval, whether the proposed change to the approval is a minor change
In the second case, the approval must be for a material change of use of premises that involves the use of a ‘classified building’.
The expression ‘classified building’ is defined in the Planning Act and broadly means a house, townhouse, carport, garage or shed.
You can’t request a declaration about whether a development application is accompanied by the written consent of the owner of the land.
Also, you can only request a declaration about a change application where the responsible entity for the application is an entity other than the Planning and Environment Court.
Applying for a declaration
The process for applying for a declaration is the same as for an appeal, though the application time frame may be different and can depend on who is starting the proceedings.
Find out how to apply.