You can appeal either against the refusal of an application or the conditions imposed on a planning permit.
If you are applying for a planning permit and you are not the owner of the land, and the Council grants a permit requiring that a planning agreement be entered into, the owner of the land has a right of appeal within 14 days of notice of Council’s decision to grant a planning permit.
Anyone who lodges an objection (representation) during the 14-day advertising period for a discretionary planning permit application can lodge an appeal within 14 days of Council’s decision to grant a planning permit.
The Tribunal does not notify you if the applicant appeals our decision. If you want to find out whether the applicant has appealed, you the Tribunal gives notice in the Public Notices section of The Mercury (Wednesday and Saturday). You can also contact the Tribunal.
If an applicant does appeal, you can apply in writing to the Tribunal to request being ‘joined as a party’ to the appeal. If you want to become a party to the appeal, you should also go to the Directions Hearing.
Lodging an appeal
You can lodge an appeal by submitting a Notice of Appeal form and paying the required fees to the Tribunal
All applicants and objectors receive a notice of appeal when we notify you of our decision about the planning permit application.
The planning appeal processThe appeal process starts with a ‘directions hearing’ involving the Registrar of the Appeal Tribunal and the people taking part in the appeal.
At the directions hearing, the Registrar:
- explains the appeal process
- makes sure that the people taking part in the appeal have received or will receive the information they need
- explores whether the appeal can be sorted out through a mediation process
- sets the date of any future hearings
- makes any orders that might be required (for example, the exchange of information associated with the appeal).
If the appeal can’t be resolved through mediation, the Registrar will arrange a full hearing of the Tribunal where the people involved in the appeal make formal submissions to the Tribunal.
The Tribunal then makes a final decision on the appeal that is legally binding.
Appeal rights will delay when a planning permit takes effect
If there is a right of appeal against a granted permit, the permit will not take effect until the end of 14 days from the day that notice was given to the person who has a right of appeal.
Where an appeal is lodged against the Council’s decision to grant a permit, the permit does not take effect until the appeal is decided or abandoned.
If the applicant is the only person with a right of appeal, and wants to start the use or development permitted before the end of the 14 day period, they must notify us in writing.