WHAT IF PERMISSION IS NOT GRANTED?
Applications submitted to the Planning Authority are assessed from different perspectives ranging from environmental, aesthetics, site conditions, land use, historical evidence to economics.
In only rare instances and for various reasons, some applications may not be approved. Such being the case, the Authority will notify the applicant of the refused decision and will specify the reason(s) for the decision.
An appeal’s form will form part of the refused documents for use by an appellant.
The Authority will at the same time inform the applicant of his/her right to appeal in the format required by law, to the Minister within 30 days of the refused decision.
THE APPEAL’S PROCESS
The completed appeal’s form completed by whosoever intends to make the appeal, together with a set of refused documents must be deposited at the Planning Authority Receiving Counter located on the Ground Floor of Independence House in Victoria, for processing with its prescribed fees.
The documents will immediately be acknowledged and referred to an Appeals Advisory Committee, a body independent of the Planning Authority, set up by the Minister responsible for Planning Authority to review all appeals.
The Committee reviews the appeal and will make its recommendation to the Minister.
In a majority of cases, the Appeal’ Advisory Committee will visit the site of the refused development and will if found necessary, interview the Appellant.
The Minister considers the recommendations and may grant the appeal with or without conditions or uphold the decision of the Planning Authority. According to the TCPA, the Minister’s decision is final.
The Planning Authority Secretariat will inform the Appellant of the Minister's decision.
WHAT HAPPENS ON GRANTING/UPHOLDING OF APPEAL?
When an appeal is granted with conditions, the Appellant will be requested to address all conditions of appeal and resubmit at least three sets of original documents or other additional documents and/or amendments requested by the Minister for processing by the Planning Authority.
Upheld decisions of the Planning Authority confirm that the Minister concurred with the refusal decision of the Planning Authority and the appeal is dismissed and case closed.