Lodging a Representation
How Do I Find Out About a Planning Permit Application?
There are two main kinds of planning permit applications – "discretionary" applications, which have to be advertised and "permitted" applications, which are not advertised.
Any person has a right to object to a discretionary application during the 14 day advertising period. Council may approve or refuse a "discretionary" planning permit application.
Council is bound to approve a "permitted" planning permit application, with or without conditions. There is no right of objection for "permitted" applications.
Council is required to publicly advertise a "discretionary" planning permit application by:
- Sending a written notice to all adjoining owners and occupiers of land.
- Put a notice up at the public boundary/boundaries of the land.
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Put an advertisement in the newspaper. (Council advertises “discretionary” applications in The Mercury).
How Can I make a represention to a Planning Permit Application?
A "representation" is a written submission made in support of, or in opposition to, an advertised (discretionary) planning permit application. You can submit a representation to any planning permit application advertised by Council. To do so, simply write to the Council within the 14-day advertising period.
When writing in to Council you should make sure you include the following:
- Your name and address
- The date
- Your signature
- The address or another reference for the proposal you are making a representation to
- The reasons why you are making a representation to the proposal
When Do I Need to Lodge my representation?
- It is important to lodge your representation with Council within the 14 day advertising period in order to ensure that Council is formally required to consider it when deciding upon the application and to ensure that you have appeal rights (if you decide to appeal Council’s decision on the application).
Who Can make a representation to a Planning Permit Application?
Anyone can make representation to a proposal, which has been advertised by Council, whether you are a neighbour or are just generally concerned about a proposed use or development.
What Does Lodging an representation Do?
Once a representation is lodged, the application will go to the monthly Southern Midlands Council Meeting.
Meetings are open to the public. If you would like to attend the meeting, please contact Council’s Planning Section on contact to find out the date and time of the meeting.
A Planning Authority is required by law to consider your objection, as well as the requirements of the Planning Scheme, when making its decision about an application.
Once the Planning Authority makes its decision, Council is required to notify you in writing of its decision with 7 days.
If you are still unhappy with Council's decision and have lodged a representation within the 14 day advertising period, you have the right to lodge an appeal with the Resource Management and Planning Appeal Tribunal within 14 days after being served notice of Council's decision.
